325.973 
v,  694e 


V^^Iti^^-^^--^^^ 


OAK  ST.  HDSF 


"LI  B  R.ARY 

OF  THE 

UNIVERSITY 
OF    ILLINOIS 

325.973 
W694e 


PREFATORY. 


With  some  leisure,  it  has  been  my  wonted  pleasure  to  aid  in 
making  several  of  the  news-papers  published  in  the  interest  of  the 
Freedmen  interesting,  by  gratuitous  contributions  of  letters  on 
general,  local  events,  and  important  subjects. 

They  may  not  have  been  scholarly  written,  as  their  author  is 
but  a  student,  yet,  that  they,  or  some  of  them  were  interesting  is 
to  be  inferred  from  the  fact  that  not  unfrequently,  they  have  been 
copied  in  foreign  publications. 

The  substance  of  the  pages  which  follow  were  prepared  for 
publication  in  one  of  the  papers  referred  to  above,   during   the 
*4  Christmas  and  New  Year  holidays  of  1881  and  1882,  but  early  in 

October,  1881,  the  editor  found  it  necessary  to  suspend  the  publica- 
tion of  "  Thomas  "  contributions — though  solicited— as  they  were 
offensive  to  a  class  of  politicians  who  do  not  favor  the  Negroes' 
advancement  educationally— politically— consequently,  rather  than 
chance  the  ground-work  of  these  pages  going  into  a  waste-basket, 
they  were  published  in  a  pamphlet,  November_,  1881.  The  edition 
was  immediately  taken.  Now  yielding  to  the  importunities  of 
friends,  and  to  siipply  the  demand  for  information  upon  the  sub- 
ject of  Emancipation,  and  to  give  a  full,  yet  succinct  account  of 

its  progress  and  effects,     I  have  revised,  enlarged,  and  recodified 
\ 

the  work  which  I  siibmit  to  a  generous  public,  hoping  its  contents 

may  pro7  e  of  interest  to  the  reader  and  help  preserve  the  records 
of  the  achievement  of  man's  highest  ambition  on  Earth — Eman- 
cipation. 

J.  T.  W. 
Norfolk,  Va.,  July,  1882. 


£63476 


DEDICATION  . 


TO  THE  YOUTH  OF  THE    PRESENT  GENERATION, 

A    RECORD 
OF  THE  DELIVERANCE  OF  THEIR  ANCESTORS  FROM 

BONDAGE  AND  OPPRESSION, 
THIS  VOLUME    IS    RESPECTFULLY    DEDICATED. 


C  ON  TENTS. 


Page. 

PREFATORY 3 

CONTENTS 5 

INTRODUCTORY  7 

Emancipation  in 

Austria 13 

Brazil 31 

Britain n — 15 

Buenos  Ayres 13 

Burmah 13 

Bolivia 13 

Ceylon 13 

Chili 13 

Columbia 13 

Cape  Colony 13 

Cuba 13 — 30 

Denmark 12 

Egypt 10 

France 12 

Guatemala 13 

Hayti 12 

Java  13 — 21 

Mexico 13 

Malacca  13 

Montevideo 13 

Porto  Rico 32 

Portugal 32 

Peru 13 

Prussia 12 

Russia 21 

Spain ii 

Tunis 3i 

United  States 35 

Uraguay 21 

Emancipation  poem , 33 

Emancipation,  its  Cause  and  Progress 98 

Since  Emancipation 138 

Emancipation    Monument 157 

Emancipation  by  the  Indians 194 

Emancipation  Proclamations 204 

Ratification  of  the  Thirteenth  Amendment 210 

Number  of  Slaves  Emancipated 213 

Declaration  of  Independence   216 

Constitution  of  the  United  States 223 


EMANCIPATION. 


Of  the  causes  and  revolutions  which  men,  from  the 
earliest  period  of  recorded  time  engaged  in,  none  seems 
so  memorable  as  the  abolition  of  slavery,  no  event,  save 
that  of  the  coming — the  birth  of  the  Saviour — is  so  re- 
joiced in  as  that  of  the  abolition  of  slavery,  by  the  civ- 
ilized nations,  and  rightly  so ;  of  the  crimes  mentioned 
in  the  decalogue,  human  slavery  takes  rank  of  them  all. 

History  fails  to  give  the  date  or  period  of  the  be- 
ginning of  slavery;  the  world  consequently  is  ignorant 
of  when  it  began;  the  sacred  history  records:  the  sale 
1'28.  of  Joseph.  Some  writers  claim  this  to  be  the  begin, 
ning,  but  whether  it  was  or  not  it  matters  but  little, 
since  now  it  seems  confined  to  the  dark  continent  of 
Africa,  and  it,  civilization  is  now  assaulting  with  all 
its  mighty  force  of  learning,  culture,  and  enterprise. 

However,  it  has  been  one  of  the  institutions  of 
every  clime  and  country,  in  every  part  of  the  globe. 
It  was  thought  that  Australasia  was  an  exception,  but 
when  the  tests  of  civilization  were  applied,  Australa- 
sia had  her  slaves,  as  well  as  Rome.  It  seems  it  was 
the  ruling  passion  of  man,  regardless  of  color  or  race, 
throughout  the  dark  ages,to  enslave  his  fellow  man,  for 
the  same  cause  and  upon  the  same  basis  that  they  buy 


10  EMANCIPATION : 

and  sell  each  other  in  Africa.  Slavery  was  the  rule 
as  a  punishment  dealt  to  all  conquered  tribes,  races  and 
nations. 

Individual  emancipation  was  not  even  in  the  ear- 
liest days  an  uncommon  thing,  but  of  races  and  nations, 
seldom — if  ever. 

Civilization  and  freedom  evidently  march  side 
and  side ;  victory  for  one  means  victory  for  the  other, 
and  the  nations  barbaric,  in  turn,  that  have  had  to 
deal  with  it,  that  have  felt  the  oppressors'  power,  now 
rejoice  in  freedom — though  perhaps  it  cost  more  of 
blood  and  treasure  than  any  other  cause  man  ever  en- 
gaged in.  The  price  of  freedom  in  our  own  country, 
expensive  as  it  was  in  lives  and  money,  is  not  to  be 
compared,  does  not  approximate,  will  not  add  a  cipher 
to  its  cost  to  the' Eastern  nations. 

Though  no  knowledge  of  its  beginning,  the  chron- 
iclers have  kept  record  of  its  abolition,  and  thus  ru'is 
the  record  of  the  more  important  epochs. 
1491.  God  appeared  to  Moses  in  a  burning  bush,  and 
'  '  commanded  him  to  go  to  Egypt,  and  there  he  performed 
many  miracles,  and  inflicted  ten  successive  plagues  on 
Pharaoh,  consequently  the  iron-hearted  monarch  al- 
lowed the  Israelites  to  depart  for  a  land  of  freedom, 
they  having  completed  their  four  hundred  and  thirtieth 
year  of  sojourning  in  Egypt.  Moses,  their  leader,  led 
them  to  the  shore  of  the  Red  Sea,  and  God  opened  a 
passage  through  the  Sea,  and  the  Israelites  passed 


ITS   COURSE   AND   PROGRESS.  11 

through  and  into  the  desert  Etham,  by   which   means 
they  became  free. 

Britain — Slavery  existed  when  it  entered   into  his- 
tory, and  continued  till  long  after  the  conquest,  though 
in  a  milder  form  than  when  first   known. 
'         Through  the  influence  of  the  Church  under   Arch- 

A.  D.  bishop  Theodore,who  first  governed  the  English  Church 
emancipation  became  frequent  by  will  and  by  authority 
of  the  church.  St.  Wilfred,  a  Saxon  bishop,  manumit- 
ted all  the  slaves  on  his  estates.  The  clergy  in  council 
at  Calcuith,  agreed  that  at  their  decease  their  slaves 
should  be  free.  Eventually  the  slave  trade  was  prohib- 
ited; England  had  been  furnishing  slaves  to  the  pirates 
— kidnappers  that  visited  her  coast  —  and  they  the  slave 
markets  of  the  East;  notwithstanding  its  prohibition 
it  was  not  until  during  the  reign  of  .the  first  Norman 
king  that  the  trade  was  interdicted. 

-i  1  r\n          The  great  council  of  England  decreed  the  abolition 
of  slavery.     Yet  Britons  were  carried  into  Ireland  and 

sold  until  the  Irish  parliament  passed  the   memorable 

1 1 71 

decree  of  mercy,  giving  freedom  to   all   the   English 

slaves  in   Ireland  ;  this  prevented   further  importation 
and  destroyed  the  trade. 

Isabella,  Queen  of  Spain,  decreed  all  the  North  A- 
merican  Indians  in  her  European  possessions  free. 
Hundreds  of  Indians  had  been  transported  thither  by 
the  reputed  discoverers  of  the  Western  Continent — Co- 
lumbus, and  other  voyagers  immediately  following 
him — and  sold  into  slavery. 


12  EMANCIPATION: 

1553.  To  John  Hawkins  is  due,  by  the  record,  the  credit 
of  inaugurating  the  traffic  in  African  slaves  and  their 
introduction  into  the  English  colonies  in  the  new  world. 
The  government  of  England, the  Crown,  and  merchants 
of  Southampton,  all  shared  in  the  lucrative  Guinea 
slave  trade. 

The  British  Courts  of  Justice  held  "That   every 
slave  was   free  as  soon  as  he  set  foot  upon   British 
ground.'' 
177o.         rpj^  prusgian  e(iict  abolishing  slavery. 

1792.  Denmark — abolished  both  the  foreign   slave  trade 
and  the  importation  of  slaves   into  her  colonies,  the 
prohibition  to  take  effect   in  1804. 

1793.  Hayti — The  liberation   of  slaves  in  this  State  was 
by  commissioners  appointed  by  the  French  government 
at  Paris  as  Charge  de  affairs  of  the  Island  of  St.  Domin- 
go.    Their  proclamation  was  ratified  by  the  assembly 
and  made  valid  in  1794,  though  the  English  were  then 
in  possession  of  the  coast. 

In  1802  Napoleon  Bonaparte,  as  first  Consul  of 
France  and  sanctioned  by  the  legislature  thereof,  land- 
ed an  army  at  Samana  for  the  purpose  of  re-enslaving 
tlie  Negro  inhabitants  of  this  State,  but  the  heroism  of 
the  Freedmen  defeated  the  army,  and  to  this  day  they 
remain  free. 

The  French  manumission  decree  abolishing  Negro 
'slavery  in  St.  Domingo,   Hayti,   Cayenne,  Guadaloupe, 
Martinique. 


ITS   COURSE   AND   PROGRESS.  IS 

1811.  Java. 

1815.  Ceylon. 

1816.  Buenos  Ayres,  St.  Helena. 
1820.  Chili,  Columbia. 

1823          Cape  Colony. 

1825          Malacca. 

182fi         His  Imperial  Majesty  of  Austria  promulgated  the 
following  ordinance  prohibiting   slavery  in  Austrian 
territory: 

"In  order  to  prevent  Austrian  subjects  and  vassals  from  partici- 
pating in  any  manner  in  the  slave  trade,  and  in  order  to  pre- 
vent slaves  from  bad  treatment,  his  Imperial  and  Royal  Majesty 
in  conformity  with  the  existing  laws  of  Austria,  which  determ- 
ines that  every  human  being  in  virtue  of  those  rights  which  are 
recognized  by  reason,  is  to  be  considered  a  civil  person,  and 
that,  therefore,  slavery  and  every  exercise  of  power  relative  to 
the  state  of  slavery.are  not  tolerated  in  the  Imperial  and  Royal 
dominions.and  further,in  conformity  with  section  78,  of  the  first 
part  of  xhe  penal  code,  which  declares  every  hindrance  of  the 
exercise  of  personal  liberty  a  crime  of  public  violence,  has  been 
graciously  pleased  by  his  Sovereign  resolution  of  June  26,  1826, 
to  determine  and  order  as  follows:  Art.  i.  Any  slave  from  the 
moment  he  treads  on  the  soil  of  the  Imperial  and  Royal  Do- 
minions of  Austria.or  even  merely  steps  on  board  of  an  Austrian 
vessel, shall  be  free." 

JBurmah.  Bolivia. 

1828 

Peru,  Guatemala,  Montevideo. 

1829.  Mexico.  For  several  years  the  people  of  this  country 
strove  to  emancipate  their  slaves,beginning  with  a  pro- 
hibitory enactment  against  importation  of  slaves  into 
any  of  the  Mexican  States,which  their  Congress  enact- 


14  EMANCIPATION : 

ed  in  1823,  and  again  in  1824  freed  all  slaves  brought 
into  the  country.   The  states  of  Coahuila  and  Texas  in 
1829  enacted  that  no  child  should  be  born  a  slave  with- 
in their  geographical  limits. 

The  President  of  the  United  Mexican  States  issued 
t  he  following  decree  abolishing  slavery  in  Mexico : 

"To  THE  INHABITANTS  OF  THE  REPUBLIC. 

Be  it  known  that  in  the  year  1829,  being  desirous  of  signali- 
zing the  anniversary  of  our  independence  by  an  act  of  national 
justice  and  beneficence,  which  may  contribute  to  the  strength 
and  support  of  such  inestimable  welfare  as  to  secure  more  and 
more  the  public  tranquility,  and  reinstate  an  unfortunate  por- 
tion of  our  inhabitants  in  the  sacred  rights  granted  them  by 
nature,  and  may  be  protected  by  the  nation,  under  wise  and 
just  laws  according  to  the  provision  in  article  30  of  the  consti- 
tutive act,  availing  myself  of  the  extraordinary  faculties  gran- 
ted me,  I  have  thought  proper  to  decree 

ist,     That  slavery  be  exterminated  in  the  Republic. 

2d,  Consequently  those  are  free,  who,  up  to  this  day,  have 
been  looked  upon  as  slaves. 

3d,  Whenever  the  circumstances  of  the  public  treasury 
will  show  it,  the  owners  of  slaves  shall  be  indemnified,  in  the 
manner  which  the  laws  shall  provide. 

JOSE  MARIA  DE  BOCANEGRA. 
Mexico,  September  i^th,i82Q,A.  D. 

The  great  difficulty  in  abolishing  slavery  in  Mexi- 
co was  its  adjacency  to  the  slave  holding  portion  of 
the  United  States  and  the  foreign  population  in  that 
country  as  land  speculators,the  validity  of  whose  claims 
rested  upon  a  division  of  the  country  and  the  perma- 
nent establishment  of  slavery  therii,;  the  sea  coast  and 


ITS   COURSE    AND   PROGRESS.  15 

the  states  of  Texas  and   Carolina,  were  in  the  hands 
and  not  long  after  under  the  control  of  this  class  of  for- 
eigners through  native   influence,  influenced  by  pros- 
pective gain  to  accrue  irom  slave  labor   in  the  cultiva- 
tion of  cotton.     That  they  were  successful,  in  part  at 
least,may  be  seen  by  what  followed  the  independence  of 
Texas  and  her  annexation  to  the  United  States;  before 
however  she  was  annexed,  her  constitution  fully   sets 
forth  in  this  language,  section  10:  "All  persons,  (Afri- 
cans, and  descendants  of  Africans  and  Indians  except- 
ed)  who  are  residing  in  Texas  on  the  day  of  the  declara- 
tion   of  independence,  (a  great  portion  of  the  native 
Mexican  citizens  are  of  course  excluded)  shall  be  con- 
sidered citizens  of  the  Republic,  and  entitled  to  all  the 
privileges  of  such."  This  section  was  preceded  by  one 
which  gave  to  citizens  of  the  United  States  the  rio;ht  to 
bring  their  slaves  into  the  Republic  and  hold  them,  and 
excluded  free  Negroes  from  the  territory?  thus,  notwith- 
standing the  emancipation   of  Mexican  slaves,  citizens 
of  the  United  States  by  the  aid  of  the  United  States 
government,  succeeded  in  wresting  Texas  from  Mexico 
and  establishing  slavery  therein. 

The  testimony  of  authentic  history  attests  the  no- 
torious fact,  thatthe  African  slave  trade  was  carried  on 
by  the  British  nation  for  more  than  two  centuries  un- 
der the  patronage  of  its  government,  protected  by  char- 
ters of  monopoly  and  public  treaties,  not  only  for  the 
supply  of  her  own  colonies,  but  those  of  Spain  and 
1713.France.  The  memorable  treaty  of  Utrecht,  between 


16  EMANCIPATION : 

Great  Britain  and  Spain  regulating  commerce  and  nav- 
igation, by  which  the  Spanish  war  of  succession  was 
terminated,  the  balance  of  power  in  Europe  confirmed, 
granted  to  her  Britanic  Majesty,  and  her  South  Sea 
Company,  exclusively,  with  Spain,  the  contract  to  im- 
port African  slaves  into  parts  of  his  Catholic  Majesty's 
dominion  in  America,  at  the  rate  of  4800  yearly. 

It  was  not  until  Thomas  Clarkson  succeeded  in 
calling  the  attention  of  Parliament  to  this  odious  traf- 
fic in  1786,three  years  after  the  American  war  had  closed 
and  peace  declared,that  even  a  voice  was  raised  against 
it  in  Britain,  and  it  was  sometime  after  this  before 
Clarkson  and  Wilberforce  organized  a  society  for  rhe 
abolition  of  the  African  slave  trade.  In  Great  Britain 
there  were  no  slaves,  the  famous  decision  of  the  Brit- 
ish Courts  of  justice,  1769,  decreeing  "That  every 
slave  was  free  as  soon  as  he  had  set  foot  upon  British 
ground,"  emancipated  all  the  slaves  in  Britain,  but  not 
those  in  the  West  Indian  colonies;  however  the  people 
in  Britain  became  aroused  and  demanded  the  interdict- 
ion of  the  trade,  a  petition  signed  by  three  fourths  of  a 
million  of  women  was  presented  to  Parliament,  asking 
its  abolition,  which  was  strongly  opposed  by  the  mari- 
time power  of  the  country,  a  trade  so  lucrative  was  not 
easily  overthrown,  but  finally,  after  a  half  century  of 
agitation,  Parliament  passed  an  act,  abolishing  it  in 
1806,  but  the  trade  was  not  fully  interdicted  until  the 
treaty  between  Great  Britain  and  the  United  States 
was  signed,  1814.  With  the  suppression  of  the  slave  trade 


ITS   COURSE   AND   PROGRESS.  IT 

1833.the  freedom  of  the  slave  was  demanded  and  the  Parlia- 
ment passed  the  following  Act: 

Ioo4.  «g£  jt  enacted;  that  all  and  every  of  the  persons,  who,  on 
the  first  day  of  August  one  thousand  eight  hundred  and 
thirty  four,  shall  be  holden  in  slavery  within  such  British  Col- 
ony as  aforesaid,  shall,  upon,  and  from  and  after  the  first  day 
of  August,  1834,  become  and  be  to  all  intents  and  purposes, 
FRKE  and  discharged  of  and  from  all  manner  of  slavery,  and 
shall  be  absolutely  and  for  ever  manumitted;  and  that  the 
children  thereafter  to  be  born  to  any  such  persons,  and  the  off- 
spring of  such  children  shall  in  like  manner  be  free  from  their 
birth;  and  that  from  and  after  the  first  day  of  August,  i834,slav- 
ery  shall  be  and  is  hereby  utterly  and  for  ever  ABOLISHED  and 
declared  unlawful  throughout  the  British  Colonies.Plantations 
and  possessions  abroad."  Act  of  3  and  4,  WILLIAM  IV. 

The  emancipation  cost  the  government  £20,000,- 
000  :  the  owners  of  the  slaves  were  recompensed.     This 
emancipation  however  was  not  immediate  and  uncon- 
ditional,  what  was  called  an  apprentice  system  took 
the  place  of  slavery,  thus  making  emancipation  gradu- 
al;  the  freed  people  by    it  were  required  to  work  six 
years  for  their  former  masters  without  wages,   except 
one  day  and  a  half  in  each  week,which  time  was  theirs 
to    work  for  themselves;  this  apprenticeship  did  not 
prove  profitable  to  the  planters,and  many  of  them  gave 
immediate  freedom  to  their  slaves  and  hired  them.    The- 
English  people   became  so  dissatisfied  with  the  treat- 
ment of  the  apprentices,  by  the  planters  who  accepted 
the  system,  that  they  petitioned  Parliament  for  the  im- 
mediate emancipation  of  the  apprentices.     Parliament 


18  EMANCIPATION : 

1838.passed  the   immediate   Emancipation  Act  giving  free- 
dom   to  all  the  apprentices  and  their  posterity,  forever. 
The  following  is  the  speech  of  VICTOBIA  REGINA  to 
the  Parliament  Feburary  3,  1839. 

"Mv  LORDS  AND  GENTLEMEN: — 

It  is  with  great  satisfaction  that  I  am  enabled  to  inform 
you,  that  throughout  the  whole  of  my  West  Indian  possessions^ 
the  period  fixed  by  law  for  the  final  and  complete  emancipa- 
tion of  tne  Negroes  has  been  anticipated  by  the  acts  of  Coloni- 
al legislature,  and  that  the  transition  from  the  temporary  sys- 
tem of  apprenticeship  to  entire  freedom,  has  taken  place  with- 
out any  disturbance  of  public  order  and  tranquility.  Any  meas- 
ures which  may  be  necessary  in  order  to  give  full  effect  to  this 
great  and  beneficial  change  will,  I  have  no  doubt,  receive  your 
careful  attention." 

The  Acts  included  the  following  Isles :  Jamaica, 
Barbadoes,  the  Bermudas,Bahama,  Anquilla,  Mauriti- 
us, St.  Christopher,  Nevis,  Virgin  Island,  Antigua, 
Montserrat,  Dominica,  St.  Vincent,  Grenada,  Berbice, 
Tobago,  St.  Lucia,  Trinidad,  Honduras,  Demerara,  Es- 
sequibo  and  the  Cape  of  Good  Hope,  and  three  Colonies 
in  the  East  Indies. 

The  pride  with  which  the  English  People  looked 
upon  the  freeing  of  the  slaves  and  the  effect  it  had  up- 
on the  localities  where  it  took  place  can  best  be  told  by 
English  writers.  Mr.  Fyfe,  in  his  British  Enterprise 
Beyond  the  Seas,  says — 

' '  The  story  of  the  agitation  against  slavery  in  Eng- 
land, which  was  conducted  by  Clarksou,  Wilberforce, 
Buxton,  Brougham,  and  others,  is  so  well  known  that 


ITS   COURSE   AND   PROGRESS.  19 

it  need  not  be  re-told  fceie.        The  proposal  to  deprive 
slave  holding  of  its  legality,  not  merely  in  the  mother 
country,  where  the  principle  of  emancipation  had  al- 
ready been  acknowledged,  but  in  every  nook  and  corner 
of  the  British  dominions,  was,  of  course,  received  with 
the  most  passionate  opposition  in  the  West  India  Islands. 
Nothing  could  be  more  gloomy  or  repelling  than  the 
pictures  which  the  planters  drew  of  the  rapine  and  li- 
centiousness into  which  the  Negroes  would  plunge  when 
restored  to  their  legitimate  position  as  human  beings. 
Fortunately  neither  such   predictions   nor  the  heavy 
price  which  had  to  be  paid  in  compensation  to  the  slave 
o  wners  could  deter  the  British  Parliament  from  authori 
zing  that  great  measure  which  fills  one  of  the  proudest 
pages  in  our  annals.         A  gift  of  £  20,000,000  sterling 
to  the  "  West  India  interest  "  purchased  the  freedom  of 
the  slaves  in  those  parts.     A  six  years'  apprenticeship 
formed  an  intermediate  stage  between  slavery  and  ab- 
solute liberty.     A  large  proportion  of  the  negroes  cele- 
brated the  hour  of  their  emancipation  by  a  solemn  thanks- 
giving.    There  were  no   outbreaks   of  revenge ;   there 
was  no  license,  no  rapine.     As  was  to  be  expected,  how- 
ever, the  unfortunate  blacks  did  not  for  years  learn  the 
blessings   of  voluntary   industry.      As   long  as   they 
had  enough  to  eat  and  drink  they  would  not  work  ; 

* 

and  "  Quashy  up  to  the  eyes  in  pumpkins  "  became  a 
type  of  sloth  and  sensual  enjoyment  of  the  lowest  kind. 
This  was  the  natural  result  of  the  period  of  degradation 
through  which  they  had  passed.  It  is  cheering  to 


20  EMANCIPATION : 

know  that  this  state  of  things  has  almost  passed  away. 
Jamaica  is  recovering  its  enterprise  and  prosperity,  and 
the  colored  population  is  not  the  least  intelligent  and 
industrious  portion  of  the  community.  The  colony  now 
comprises  fifteen  thousand  whites  and  two  hundred  and 
fifty  thousand  colored  people,  and  the  latter  are  ad- 
mitted to  a  voice  in  the  administration  of  the  island. 

The  soil  of  Jamaica  is  very  fertile,  and  the  scenery 
is  lovely  beyond  description.     From  one  end  of  the  is- 
land to  the  other  runs  a  huge  back-bone  of  lofty  and 
precipitous  mountains,  whose  gaunt  black  sides  are  cloth- 
ed with  forest.     Beneath   these    rise   rich  green   hills, 
crowned  with  feathery  palms,  beef  trees  with  leaves    of 
the  blood-red  hue  of  raw  flesh,  gigantic  silk-cotton  trees ,, 
cocoa-nut  and  orange  groves.       Below,  plantations  and 
Negro  villages  are  mingled  on  the  plain.  Here  you  may 
see  a  sugar  estate,  with  its  white  houses,  tall  chimneys, 
busy  wind  and  water  wheels,  and  waving  fields  of  dark  - 
green  cane,  tipped,  perhaps,  with  lilac  blossoms.    There, 
meadows  of  golden  guinea-grass,   and  Negro   villages, 
peeping  through  bowers  of  plaintain  and  oananas,  meet 
the  eye.         On  a  lower  level  you  come  upon  a  beach  o  f 
glistening  sands,  which  looks  like  snow  in  contrast    to 
the  black  patches  of  mangrove.         The  deep  blue    sea, 
from  the  placid  bosom  of  which  springs   this   land    of 
beauty,  the  bright  unclouded  sky  wRich  overhangs  it, 
and  the  intense  sunlight  which  illumines  it,  add  to  the 
enchantment  of  the  scene.        Yet  this  charming  lands- 
cape has  its  dark  side,  too,  in  deserted  plantations,  with 


ITS  COURSE   AND   PROGRESS.  21 

offices  in  ruins,  and  fields  over  which  the  primitive  for- 
est has  begun  to  resume  its  sway.  These  gloomy  fea- 
tures are,  however  growing  rarer  every  year.  Reviv- 
ing enterprise  is  building  up  again  the  crumbling  walls, 
and  restoring  the  neglected  acres  to  cultivation. " 

1842.  The  Bashaw  of  Tunis  forbade  the  slaves  in  his  vast 
realm  being  sold,and  closed  all  the  slave  marts;he  inau- 
gurated measures  for  the  emancipation  of  all  the  slaves 
in  his  realm.  He  said,ul  began  with  pleasure  the  abolit- 
ion of  slavery,  and  I  will  not  cease  to  prosecute  the 
great  work  of  emancipation,  until  I  have  completely 
extirpated  slavery  from  my  dominions."  He  freed  all 
his  own  slaves,  and  many  of  his  courtiers  followed  his 
example  until  the  work  of  emancipation  was  completed. 
Uraguay.  A  decree  of  the  government  said :  "From 
and  after  the  promulgation  of  the  present  resolution) 
there  shall  be  no  slaves  in  this  Republic." 

1859.        Java.  The  Dutch  government  decreed  the  freedom 
of  all  slaves,  in  all  their  colonies. 

1863.         Emancipation  of  the  serfs  in  all  the  Russias. 

"I  have  had  occasion,  formally, to  remind  the  Sen- 
ate how  completely  the  Emperor  has  done  his  work. 
Not  content  with  issuing  the  decree  of  Emancipation, 
he  has  proceeded,  by  an  elaborate  system  of  regulations, 
to  provide  in  the  first  place,  for  what  have  been  called 
the  Civil  Rights  of  all  the  recent  serfs;  then,  again,  to 
provide  for  their  rights  in  property,  securitig  to  every 
one  of  them  a  homestead;  and  then,  again,by  providing 
for  them  rights  of  public  education.  Added  to  all 
these  he  has  secured  to  them  also  political  rights,  giv- 


22  EMANCIPATION : 

ing  to  every  one  the  right  to  vote  for  all  local  officers, 
corresponding  to  our  officers  of  the  town  and  of  the 
county.  It  is  this  very  thoroughness  with  which  he 
has  carried  out  his  decree  of  Emancipation." 

Sumner,  U.  S.  Senate. 

This  speech  fully  explains  the  decree,  in  its  munif- 
icence. A  minute  account  of  the  course  and  obstacles 
preceding  Emancipation,  together  with  a  glance  of  the 
emancipated  serfs'  conduct  thereafter,  since  Russian 
serfdom  bore  such  an  analogous  relation  to  American 
slavery,  may  not  be  uninteresting  to  the  reader.  Under 
the  head  of  "Emancipation  "  Mr.  Dixon  in  FREE  RUSSIA 
says: 

"On  the  day  when  Alexander  the  Second  came  to  his  crown, 
(  1855),  both  lord  and  serf  expected  from  his  hands  some  great 
and  healing  act.  The  peasants  trusted  him,  the  nobles  feared 
him.  A  panic  seized  upon  the  landlords.  "  What,"  they  cried > 
"  do  you  expect  ?  The  country  is  disturbed  ;  our  property  will 
be  destroyed.  Look  at  these  louts  whom  you  talk  of  rendering 
free !  They  can  neither  read  nor  write  ;  they  have  no  capital ; 
they  have  no  credit ;  they  have  no  enterprise.  When  they  are 
not  praying  they  are  getting  drunk.  A  change  may  do  in  the 
Polish  provinces  ;  in  the  heart  of  Russia,  never!  "  The  Govern- 
ment met  this  storm  in  the  higher  circles  by  pacific  words 
and  vigorous  acts ;  the  Emperor  saying  to  every  one 
whom  his  voice  could  reach  that  the  peril  lay  in  doing  nothing, 
not  in  doing  much.  Slowly  but  surely  his  opinion  made  its  way. 

Addresses  from  the  several  provinces  came  in.  Commit- 
tees of  advice  were  formed,  and  the  Emperor  sought  to  engage 
the  most  active  and  liberal  spirits  in  his  task.  When  the  pub- 
lic mind  was  opened  to  new  lights,  a  grand  committee  was 


ITS   COURSE    AND    PROGRESS-  3 

named  in  St.  Petersburg,  consisting  of  the  ministers  of  state, 
and  a  few  members  of  the  imperial  council,  over  whom  his 
majesty  undertook  to  preside.  A  second  body,  called  the  re- 
porting committee,  was  also  nuned,  under  the  presidency  of 
Count  Rostovtsef,  one  of  the  pardoned  rebels  of  1825.  The 
grand  committee  studied  the  principles  which  ought  to  govern 
emancipation ;  the  reporting  committee  studied  and  arranged 
the  facts.  A  mighty  heap  of  papers  was  collected ;  eighteen 
volumes  of  facts  and  figures  were  printed  ;  and  the  net  results 
were  thrown  into  a  draft. 

The  reporting  committee  having  done  their  work,  two 
bodies  of  delegates  from  provinces,  elected  by  the  lords,  were 
invited  to  meet  in  the  capital  and  consider  this  draft.  These 
provincial  delegates  raised  objections,  which  they  sent  in  writ- 
ing to  the  committee ;  and  the  new  articles  drawn  up  by  them 
were  laid  before  the  Emperor  and  the  grand  committee  in  an 
amended  draft. 

Up  to  this  point  the  draft  was  in  the  hands  of  nobles  and 
land-owners ;  who  drew  it  up  in  their  class-interests,  and  ac- 
cording to  their  class-ideas.  If  it  recognized  the  serf's  right  to 
personal  freedom,  it  denied  him  any  rights  in  the  soil.  This 
principle  of  "  liberty  without  land  "  was  the  battle-cry  of  all 
parties  in  the  upper  ranks  ;  and  many  persons  knew  that  such 
was  the  principle  laid  down  in  the  late  Emperor's  secret  and  a- 
bortive  act.  How  could  a  committee  of  landlords,  trembling 
for  their  rents,  do  otherwise  ?  "  Emancipation,  if  we  must," 
they  sighed,  "  but  emancipation  without  the  land."  The  pro- 
vincial delegates  stoutly  urged  this  principle;  the  reporting 
committee  embodied  it  in  their  draft.  Supported  by  these  two 
bodies,  it  came  before  the  grand  committee.  England,  France, 
and  Germany  were  cited  ;  and  as  the  villeins  in  those  countries 
had  received  no  grants  of  lands,  it  was  resolved  that  the  eman- 
cipated serfs  should  have  no  grants  of  land.  The  grand  com  - 


24  EMANCIPATION : 

mittee  passed  the  amended  draft. 

Then,  happily,  the  man  was  found.  Whatever  these  scribes 
-could  say,  the  Emperor  knew  that  forty-eight  millions  of  his 
people  looked  to  him  for  justice  ;  and  that  every  man  in  those 
forty-eight  millions  felt  that  his  right  in  the  soil  was  just  as 
good  as  that  of  the  Emperor  in  his  crown.  He  saw  that  free- 
dom without  the  means  of  living  would  be  to  the  peasant  a  fatal 
gift.  Unwilling  to  see  a  popular  revolution  turned  into  the 
movement  of  a  class,  he  would  not  consent  to  make  men  pau- 
pers by  the  act  which  pretended  to  make  them  free.  "  Liberty 
and  land  " — that  was  the  Alexandrine  principle ;  a  golden  pre- 
cept which  he  held  against  the  best  and  oldest  councillors  in 
his  court. 

The  acts  of  his  committees  left  him  one  course,  and  only 
one.  He  could  appeal  to  a  higher  court.  Some  members  of 
the  grand  committee,  knowing  their  master's  mind,  had  voted 
against  the  draft ;  and  now  the  Emperor  laid  that  draft  before 
the  full  council,  on  the  ground  that  a  measure  of  such  impor- 
tance should  not  be  settled  in  a  lower  assembly  by  a  divided 
vote.  Again  he  met  with  selfish  views.  The  full  council  con- 
sists of  princes,  counts,  and  generals — old  men  mostly— who 
have  little  more  to  expect  from  the  crown,  and  every  reason  to 
look  after  the  estates  they  have  acquired.  They  voted  against 
the  Emperor  and  the  serfs. 

When  all  seemed  lost,  however,  the  fight  was  won.  Not 
until  the  full  council  had  decided  to  adopt  the  draft,  could  the 
Emperor  be  persuaded  to  use  his  power  and  to  save  his  country  ; 
but  on  the  morrow  of  their  vote,  the  prince,  in  his  quality  of 
autocrat,  declared  that  the  principle  of  "  Liberty  and  land  "  was 
the  principle  of  his  emancipation  act. 

On  the  third  ot  March,  1861  (Feb.  19,  O.  S.),  the  emanci- 
pation act  was  signed. 

The  rustic  population  then  consisted  of  twenty-two  millions 


ITS   COURSE   AND   PROGRESS.  2& 

of  common  serfs,  three  millions  of  appanage  peasants,  and 
twenty-three  millions  of  crown  peasants.  The  first  class  were 
enfranchised  by  that  act ;  and  a  separate  law  has  since  been 
passed  in  favor  of  these  crown  peasants  and  appanage  peasants, 
who  are  now  as  free  in  fact  as  they  formerly  were  in  name. 

A  certain  portion  of  land,  varying  in  different  provinces 
according  to  soil  and  climate,  was  affixed  to  every  "  soul ;"  and 
government  aid  was  promised  to  the  peasants  in  buying  their 
homesteads  and  allotments.  The  serfs  were  not  slow  to  take 
this  hint.  Down  to  January  i,  1869,  more  than  half  the  enfran- 
chised male  serfs  have  taken  advantage  of  this  promise ;  and 
the  debt  now  owing  from  the  people  to  the  crown  ( that  is,  to 
the  bondholders)  is  an  enormous  sum. 

The  Alexandrine  principle  of  "  liberty  and  land  "  being 
made  the  governing  rule  of  the  emancipation  act,  all  reasonable 
fear  lest  the  rustic,  in  receiving  his  freedom,  might  at  once  go 
wandering,  was  taken  into  account.  Nobody  knew  how  far  the 
serf  had  been  broken  of  those  nomadic  habits  which  lei  to 
serfage.  Every  one  felt  some  doubt  as  to  whether  he  could  live 
with  liberty  and  law ;  and  rules  were  framed  to  prevent  the 
return  to  those  anarchies  which  had  forced  the  crown  to  "settle" 
the  country  under  Boris  Godunof  and  Peter  the  Great.  These 
restrictive  rules  were  nine  in  number :  (  i . )  a  peasant  was  not  to 
quit  his  village  unless  he  gave  up,  once  and  forever,  his  share 
of  the  communal  lands;  (2.)  in  case  of  the  commune  refusing 
to  accept  his  portion,  he  was  to  yield  his  plot  to  the  general 
landlord ;  ( 3. )  he  must  have  met  his  liabilities,  if  any,  to  the 
Emperor's  recruiting  officers  ;  (4.)  he  must  have  paid  up  all  ar- 
rears of  local  and  imperial  rates,  and  also  paid  in  advance  such 
taxes  for  the  current  year;  (5.)  he  must  have  satisfied  all  pri- 
vate claims,  fulfilled  all  personal  contracts,  under  the  authority 
of  his  cantonal  administration  ;  (6. )  he  must  be  free  from  legal 
judgment  and  pursuit;  (7.)  he  must  provide  for  the  mainte- 


26  EMANCIPATION : 

nance  of  all  such  members  of  his  family  to  be  left  in  the  com- 
mune, as  from  either  youth  or  age  might  become  a  burden  to 
his  village  ;  (8.)  he  must  make  good  any  arrears  of  rent  which 
may  be  due  on  his  allotment  to  the  lord  ;  ( 9. )  he  must  produce 
either  a  resolution  passed  by  some  other  commune,  admitting 
him  as  a  member,  or  a  certificate,  properly  signed,  that  he  has 
bought  the  freehold  of  a  plot  of  land,  equal  to  two  allotments, 
not  above  ten  miles  distant  from  the  commune  named.  These 
rules — which  are  provisional  only — are  found  to  tie  a  peasant 
with  enduring  strictness  to  his  fields. 

The  question,  whether  the  serf  is  so  far  cured  of  his  Tartar 
habit  that  he  can  live  a  settled  life  without  being  bound  to  his 
patch  of  ground,  is  still  unasked.  The  answer  to  that  question 
must  come  with  time,  province  by  province  and  town  by  town. 
Nature  is  slow,  and  habit  is  a  growth.  Reform  must  wait  on 
nature,  and  observe  her  laws. 

As  in  all  such  grand  reforms,  the  parties  most  affected  by 
the  change  were  much  dissatisfied  at  first.  The  serf  had  got 
too  much  ;  the  lords  had  kept  too  much.  In  many  provinces 
the  peasants  refused  to  hear  the  imperial  rescript  read  in  church. 
They  said  the  priest  was  keeping  them  in  the  dark  ;  for,  ruled 
by  the  nobles,  and  playing  a  false  part  against  the  Emperor,  he 
was  holding  back  the  real  letters  of  liberation,  and  reading  them 
papers  forged  by  their  lords.  Fanatics  and  impostors  took  ad- 
vantage of  their  discontent  to  excite  sedition,  and  these  fanat- 
ics and  impostors  met  with  some  success  in  provinces  occupied 
by  the  Poles  and  Malo-Russ. 

Two  of  these  risings  were  important.  At  the  village  of 
Bezdna,  province  of  Kazan,  one  Anton  Petrof  announced  him- 
self as  a  prophet  of  God  and  an  ambassador  from  the  Tsar.  He 
told  the  peasants  that  they  were  now  free  men,  and  that  their 
good  Emperor  had  given  them  all  the  land.  Four  thousand 
rustics  followed  him  about ;  and  when  General  Count  Apraxine, 


ITS   COURSE   AND    PROGRESS.  27 

overtaking  the  mob  and  calling  upon  them  to  give  up  their 
leader,  and  disperse  under  pain  of  being  instantly  shot  down, 
the  poor  fellows  cried,  "  We  shall  not  give  him  up  ;  we  are  all 
for  the  Tsar."  Apraxine  gave  the  word  to  fire  ;  a  hundred  men 
dropped  down  with  bullets  in  their  bodies  —fifty-one  dead,  the 
others  badly  hurt.  In  horror  of  this  butchery,  the  people  cried' 
"  You  are  firing  into  Alexander  Nicolaivitch  himself !  "  Petrof 
was  taken,  tried  by  court  martial,  and  shot  in  the  presence  of 
his  stupefied  friends,  who  could  not  understand  that  a  soldier 
was  doing  his  duty  to  the  crown  by  firing  into  masses  of 
unarmed  men. 

A  more  singular  and  serious  rising  of  serfs  took  place  in 
the  rich  province  of  Penza,  where  a  strange  personage  pro- 
claimed himself  the  Grand  Duke  Constantine,  brother  of  Nico- 
las, once  a  captive.  Affecting  radical  opinions,  the  "  grand 
duke  "  raised  a  red  flag,  collected  bands  of  peasants,  and  alarm- 
ed the  country  far  and  near.  A  body  of  soldiers,  sent  against  them 
by  General  Dreniakine,  were  received  with  clubs  and  stones, 
and  forced  to  run  away.  Dreniakine  marched  against  the  rebels, 
and  in  a  smart  action  he  depersed  them  through  the  steppe, 
after  killing  eight  and  seriously  maiming  twenty-six.  The 
"  grand  duke  "  was  suffered  to  get  away.  The  country  was  much 
excited  by  the  rising,  and  on  Easter  Sunday  General  Dreniakine 
telegraphed  to  St.  Petersburg  his  duty  to  the  minister,  and  ask- 
ed for  power  to  punish  the  revolters  by  martial  law.  The  niin- 
ister  sent  him  orders  to  act  according  to  his  judgment ;  and  he 
began  to  flog  and  shoot  the  villagers  until  order  was  restored 
within  the  limits  of  his  command.  The  "  grand  duke  "  was 
denounced  as  one  Egortsof,  a  Milk-Drinker ;  and  Dreniakine 
soon  afterwards  spread  a  report  that  he  was  dead. 

The  agitation  was  not  stilled  until  the  Emperor  himself  ap- 
peared on  the  scene.  On  his  way  to  Yalta  he  convoked  a  meet- 
ing of  elders,  to  whom  he  addressed  a  few  wise  and  solacing 


28  EMANCIPATION : 

words ;  "  I  have  given  you  all  the  liberties  defined  by  the  stat- 
utes." It  was  the  very  first  time  these  peasants  had  heard  of 
their  Emperor's  will  being  limited  by  law." 

Bayard  Taylor,  the  great  Poet,  thus  sings  of  this 
great  act : 

A  thousand  years,  through  storm  and  fire, 
With  varying  fate,  the  work  has  grown, 

Till  Alexander  crowns  the  spire 
Where  Rurik  laid  the  corner-stone. 

The  chieftain's  sword  that  could  not  rust, 

But  bright  in  constant  battle  grew, 
Raised  to  the  world  a  throne  august, — 

A  nation  grander  than  he  knew. 

Nor  he  alone ;  but  those  who  have, 
Through  faith  or  deed,  an  equal  part, — 

The  subtle  brain  of  Yaroslav 
Vladimir's  arm  and  Nikon's  heart, — 

The  later  hands  that  built  so  well 

The  work  sublime  which  these  began, 

And  up  from  base  to  pinnacle 
Wrought  out  the  Empire's  mighty  plan, — 

All  these  to-day  are  crowned  anew, 
And  rule  in  splendor  where  they  trod, 

While  Russia's  children  throng  to  view 
Her  holy  cradle,  Novgorod, — 

From  Volga's  banks,  from  Dwina's  side, 

From  pine-clad  Ural,  dark  and  long, 
Or  where  the  foaming  Terek's  tide 

Leaps  down  from  Kasbek,  bright  with  song, 


ITS   COUE8E   AND   PROGRESS.  29 

From  Altai's  chain  of  mountain-cones, 

Mongolian  deserts  far  and  free, 
And  lands  that  bind,  through  changing  zones, 

The  Eastern  and  the  Western  Sea. 

To  every  race  she  gives  a  home, 

And  creeds  and  laws  enjoy  her  shade, 
Till  far  beyond  the  dreams  of  Rome 

Her  Caesar's  mandate  is  obey'd. 

She  blends  the  virtues  they  impart, 

And  holds  within  her  life  combined 
The  patient  faith  of  Asia's  heart, 

The  force  of  Europe's  restless  mind. 

She  bids  the  nomad's  wandering  cease, 

She  binds  the  wild  marauder  fast ; 
Her  ploughshares  turn  to  homes  of  peace 

The  battle-fields  of  ages  past. 

And,  nobler  far,  she  dares  to  know 

Her  future's  task, — nor  knows  in  vain, 
But  strikes  at  once  the  generous  blow 

That  makes  her  millions  men  again  ! 

So,  firmer  based,  her  power  expands, 

Nor  yet  has  seen  its  crowning  hour, 
Still  teaching  to  the  struggling  lands 

That  Peace  the  offspring  is  of  Power. 

Build  up  the  storied  bronze,  to  tell 
The  steps  whereby  this  height  she  trod, — 

The  thousand  years  that  chronicle 
The  toil  of  man,  the  help  of  God  ! 


30  EMANCIPATION : 

And  may  the  thousand  years  to  come — 

The  future  ages,  wise  and  free  — 
Still  see  her  flag  and  hear  her  drum 

Across  the  world,  from  sea  to  sea, — 

Still  find,  a  symbol  stern  and  grand, 

Her  ancient  eagle's  strength  unshorn, 
One  head  to  watch  the  western  land 

And  one  to  guard  the  land  of  morn  ! 
Novgorod,  Russia,  Sept.  2Oth,  1862. 

1870.  Cuba, — The  emancipation  of  the  slaves  in  this  Is- 
land  met  with  great  opposition.  The  attempt  more  than 
once  threatened  the  loss  of  the  Island  to  Spain.  It  kept 
alive  internal  brawls  and  discentions  among;  the  inhab  - 

O 

itants  and  the  Government  for  many  years.  In  nearly 
every  revolt  against  the  Crown,  and  there  were  several  of 
them,  the  subject  of  emancipation  entered  into  if  it 
was  not  the  cause  of  the  uprising,  but  they  all  fell  short 
of  accomplishing  the  complete  extinction  of  slavery 
as  well  as  that  of  gaining  independence.  To  a  great  de- 
gree,to  thepunic  faith  of  the  Spanish  Government  and  its 
officials  in  the  Island  in  carrying  out  the  law  for  the  sup- 
pression of  the  African  slave  trade  in  1845,  is  to 
be  attributed  the  failure.  It  enabled  the  planters, 
in  order  to  supply  England's  demand  for  sugar,  to  re- 
vive the  almost  suppressed  traffic,  which  they  carried  on 
with  redoubled  activity.  However  the  agitation  of  free- 
dom for  the  slaves  grew  stronger  and  louder,  in  fact  as- 
sumed such  a  hopeful  and  probable  altitude  that  in  1854 
the  United  States  authorities  assumed  a  menancing  atti- 
tude towards  Spain.  Having  failed  in  negotiations  tp 


ITS   COURSE    AND    PB OGRESS.  3T 

purchase  the  Island  for  $1,000,000,  the  United  States 
Ministers  at  the  Courts  of  Paris,  London  and  Madrid 
issued  what  is  known  as  the  Ostend  Manifesto,  in  which 
they  held  that  it  was  the  duty  of  the  United  States  to 
prevent  emancipation  in  Cuba ;  if  necessary  to  forcibly 
sieze  and  hold  the  Island. 

The  most  formidable  of  all  the  revolutions  tend- 
ing to  effect  emancipation  was  that  of  1869,  in  which 
freedom]  was  proclaimed  unconditionally,  to  all  slaves 
by  the  revolutionists ;  this  uprising,  like  those  which 
preceded  it,  failed.  It  was  not  until  1870,  at  which  time 
the  Cortes  passed  an  act  of  gradual  emancipation,  that 
any  permanent  success  was  achieved ;  the  act  passed 
provided  that  all  children  of  slave  parents  born  after 
the  4th  of  July,  1870,  shall  be  free ;  it  also  declared  all 
slaves  who  had  reached  the  age  of  60  years  free,  and  all 
others  on  reaching  that  age;  by  this  act  363,000  were 
freed  in  1870,— 287,000  in  1873,  and  199,000  in  1876 
— Prof.  N.  B.  Webster,  of  Virginia,  estimates  that  in 
1882  75,000  will  become  free  by  this  act,  and  in  1925 
slavery  will  be  extinct  in  the  Spanish  colonies. 

1871.  Brazil — Emancipation  took  somewhat  the  form 
and  procedure  of  that  in  our  own  country,  beginning 
with  the  abolition  of  the  African  slave  trade  in  1831, 
by  defect  in  the  law;  the  final  abolition  of  the  traffic 
however,  did  not  take  place  until  1850;  this  was  fol- 
lowed by  a  gradual  emancipation  act  in  1871,  which 
manumitted  all  the  government  slaves  and  30,000  oth- 
ers. 


32  EMANCIPATION : 

1873.  The  Cortes  of  the  young  Republic  of  Spain  passed 
a  bill  setting  free  from  that  day  .(March  24th)  all  slaves 
in  PORTO  Rico;  the  bill  provided  that  each  owner  should 
receive  per  head  for  his  slaves  the  sum  of  $200  in 
American  money.  To  pay  this  indemnity,  seven  mill- 
ions of  dollars  were  raised  upon  the  resources  of  Por- 
to Rico.  The  freed  men  were  ccmjelled  by  the  Act  to 
make  contract  either  with  the  planters  or  the  Goyern- 
ment  to  work  for  wages  for  three  years;  it  also  provi- 
ded in  the  meantime  that  exact  and  wise  laws  for  edu- 
cation should  be  put  into  operation. 

1875.  Portugal.  The  Cortes  granted  unconditional  free- 
dom to  all  her  slaves;the  Act  provides  that  one  year  af- 
ter its  promulgation,  the  system  of  apprenticeship  un- 
der the  decree  of  the  28th  of  February,  1869,  shall  cease, 

> 

and  all  persons  apprenticed  by  its  provisions  are  de- 
clared free.  The  act  also  provides  for  the  manner  in 
which  freedmen  who  have  no  trade  or  business,  or  who 
cannot  read  or  write,  may  be  subjected  to  tutelage  by 
the  civil  authorities,  but  that  this  right — right  of  tute- 
lage—shall cease  on  the  28th  of  April,  1878.  The  la- 
bor of  those  under  tutelage  is  declared  free,  and  they 
are  to  be  at  liberty  to  make  their  own  contracts,  sub- 
ject to  the  revision  of  the  proper  authority,  such  con- 
tracts to  be  in  no  case  binding  for  more  than  two  years. 
The  law  also  makes  provision  lor  rendering  effective 
the  liberty  it  concedes.  Thus  it  will  be  seen  that  the 
Act  in  question  puts  an  end  to  slavery  forever  in  Portu- 
gal and  her  dependencies,  and  not  only  proclaims  the 


ITS   COURSE    AND   PROGRESS.  33 

freedom  of  apprentices  and  the  abolition  in  the  Portu- 
guese  dominions  of  man's  apprenticeship  to  man,  but 
declares  that  the  labor  of  the  apprentices  now  under 
tutelage  is   free,  and  that  they  are  at  liberty  to  make 
their  own  contracts,  subject  only  to  the  revision  of  the 
proper  authority.     These  munificent  provisions  are  ex- 
ceeded by  no  nation,  save,   perhaps,  Russia,  where  hu- 
manity dictated  the  terms,  and  made  ample  provisions 
for  the  emancipated  serfs. 


EMANCIPATION. 

Whence  comes  this  glory  that  our  land  has  brightened  ? 

Whence  comes  this  flood  of  radiance  so  bright  ? 
The  golden  cords  of  sisterhood  are  tightened, 

While  heart  and  voice  in  praises  deep  unite. 
'Tis  heaven's  benediction  gently  falling, 
While  Justice's  voice  her  erring  sons  is  calling. 

They  hear,  and  quickly  to  the  call  responding, 
Loosen  at  once  each  worn  and  galling  chain, 

And,  kneeling  where  the  boon  to  him  was  given, 
The  freedman  feels  no  suffering  was  in  vain, 

For  God,  the  sovereign  Lord  of  earth  and  heaven, 

Has  bared  his  arm  and  every  bond  is  riven. 

From  our  dear  land  a  cloud  of  sin  is  lifted, 
O'er  her  is  arched  a  clearer,  brighter  sky, 

Her  rills  and  founts  and  brooks  with  joy  are  gushing, 
While  tree  tops  whisper  back  a  soft  reply. 

Her  people  now  the  hand  of  God  discerning, 

From  darkness  into  light  their  steps  are  turning. 


34  EMANCIPATION : 

No  more  shall  mother's  hearts  be  torn  with  anguish, 
No  more  shall  father's  souls  for  vengeance  burn, 

Sisters  no  more  for  brother's  care  shall  languish, 
Nor  brothers  for  a  sister's  love  shall  yearn. 

Their  night  is  past,  the  morn  to-day  is  breaking, 

Each  joyful  heart  to  praises  sweet  is  waking. 

The  star  of  hope  in  every  bosom  shining, 

Dispels  the  gloom  that  long  has  darkened  there. 

They  wake,  and  in  the  might  of  freedom  rising, 
Pour  forth  the  incense  of  a  grateful  prayer. 

Within  them  now  a  spirit  breathes  immortal, 

They  soar  on  wings  of  faith  to  heaven's  high  portal. 

The  freeman  to  his  lowly  cabin  turning, 
When  with  the  sun  his  daily  labors  o'er, 

Wipes  from  his  beaming  eye  the  moisture  gathering, 
To  see  the  group  complete  about  his  door. 

Love,  truth  and  mercy  seem  in  triumph  bending, 

While  nature's  voice,  with  his  mute  praise  is  blending. 

Our  glorious  banner  with  its  hues  of  heaven, 
Far,  far  and  wide  all  lingering  doubt  dispels. 

No  slave  beneath  its  folds  now  lowly  couches, 
But  safe  beneath  its  stars  securely  dwells. 

O,  God,  whose  hand  our  fragile  bark  did'st  save, 

Leave  us  not  now,  we've  dangers  yet  to  brave. 

Still  by  thy  wisdom  let  our  hearts  be  moulded, 

Still  for  direction  let  us  look  to  thee, 
In  mercy,  justice,  faith  at  last  perfect  us, 

That  we,  thy  will  concerning  us  may  see. 
O,  let  thy  love  on  all  this  land  descending, 
Preserve  the  Union  safe  from  strife  defending. 


ITS   COURSE   AND   PROGRESS.  35 

UNITED  STATES  . 

Emancipation  in  the  United  States  is  entitled  to 
far  greater  consideration  than  the  opportunity  will  per- 
mit it  to  be  given  here,  even  were  it  prudent    to  treat 
the  subject  at  great  length. 

With  the  exception  of  Georgia,  all  the  c  Monies 
partook  of  the  Virginia  plan  of  slave  labor  in  the- 
cultivatiou  of  their  products.  The  climate  and  senti- 
ment of  the  Northern  colonies  were  adverse  to  slavery, 
so  much  so  that  after  the  abolition  of  Indian  slavery,, 
which  was  rather  abolished  by  moral  suasion  than  leg- 
islative enactment,  Negro  slavery  flourished  but  for  a 
period,  when  it  began,  in  contrast  with  its  lucrative- 
ness  in  the  Southern  colonies,  to  lag.  The  character  of 
the  colonists,  their  spirit  and  religious  training,  enters 
largely  into  and  must  account  particularly  for  the  pro- 
gress of  the  abhorance  of  slavery  and  the  love  of  free- 
dom throughout  the  New  World. 

When  the  famous  Dutch  Ship  landed  her  cargo  of 
twenty  African  Negroes  at  Jamestown,  the  slave  trade 
was  more  than  a  century  old  in  the  Spanish  and  Portu- 
guese possessions  in  America,  and  for  halt  of  that  pe- 
riod the  importation  ot  African  slaves  to  the  West 
Indies  had  been  carried  on  by  the  merchants  of  Great 
Britain  under  the  sanction  of  and  in  co-operatiori  with 
the  crown ;  it  was  therefore  no  new  institution  when 
introduced  into  the  colonies.  To  prohibit  the  trade  was 
the  desire  if  not  the  effort  of  every  good  and  conscien- 
tious citizen  of  the  colonies,but  the  restrictive  policy  of 


36  EMANCIPATION  : 

Great  Britainyher  monopoly  of  the  trade  of  her  colonies, 
enabled  her  merchants  to  keep  the  nefarious  trade  alive, 
despite  the  wish  of  the  colonists  to  interdict  it,  and  thus 
destroy  the  germ  of  the  great  evil.  The  war  of  the 
Revolution  for  American  Independence,  very  suddenly 
changed  the  relations  and  conduct  of  the  government 
toward  the  colonies  respecting  slavery,  the  revolt  ne- 
cessitated extreme  measures  upon  the  part  of  Great 
Britain  no  less  than  upon  the  colonists,who,  in  order  to 
maintain  their  opposition  to  the  mother  country,  arm- 
«d  their  slaves  ;  this  course  of  the  rebels  prompted  the 
British  authorities  to  offer  freedom  to  all  slaves  who 
would  join  his  Majesty's  army  and  navy.  The  follow- 
ing, perhaps,  is  the  first  emancipation  proclamation  is- 
sued to  the  slaves  in  the  New  World,  by  the  British, 
November,  1775. 


'  Py  his  Excellency  the  Right  Honorable  JOHN, 
MORE,  his  Majesty's  Lieutenant  and  Governor-Genera!  of  the  Col- 
ony and  Dominion  of  Virginia,  and  Vice-Admiral  of  the  same,  — 
"  A    PROCLAMATION. 

"  As  I  have  ever  entertained  hopes  that  an  accommodation 
might  have  taken  place  between  Great  Britain  and  this  Colony, 

without  being  compelled  by  my  duty  to  this  most  disagreeable 
but  now  absolutely  necessary  step,  rendered  so  by  a  body  of  arm- 

ed men,  unlawfully  assembled,  firing  on  his  Majesty's  tenders  ; 
and  the  formation  of  an  army,  and  that  army  now  on  their 
march  to  attack  his  Majesty's  troops,  and  destroy  the  well-dis- 
posed subjects  of  this  Colony,  —  to  defeat  such  treasonable  pur- 
poses.and  that  all  such  traitors  and  their  abettors  may  be  brought 

to  justice,  and  that  the  peace  and  good  order  of  this  Colony 


ITS   COURSE   AND   PROGRESS-  37 

may  be  again  restored,  which  the  ordinary  course  of  the  civil 
law  is  unable  to  effect,  I  have  thought  fit  to  issue  this  my  Pro- 
clamation ;  hereby  declaring,  that,  until  the  aforesaid  good  pur- 
poses can  be  obtained,  I  do,  in  virtue  of  the  power  and  authori- 
ty to  me  given  by  his  Majesty,  determine  to  execute  martial 
law,  and  cause  the  same  to  be  executed,  throughout  this  Colony. 
And,  to  the  end  that  peace  and  good  order  may  the  sooner  be 
restored,  I  do  require  every  person  capable  of  bearing  arms  to 
resort  his  Majesty's  standard,  or  be  looked  upon  as  traitors  to 
his  Majesty's  Crown  and  Government,  and  thereby  become  lia- 
ble to  the  penalty  the  law  inflicts  upon  such  offences, — such  as 
forfeiture  of  life,  confiscation  of  lands,  &c.,  &c.  And  I  do  here- 
by further  declare  all  indented  servants,  negroes,  or  others,  (ap- 
pertaining to  rebels,)  free,  that  are  able  and  willing  to  bear 
arms,  they  joining  his  Majesty's  troops,  as  soon  as  may  be,  for 
the  more  speedily  reducing  this  Colony  to  a  proper  sense  of  their 
duty  to  his  Majesty's  crown  and  dignity.  I  do  further  order 
and  require  all  his  Majesty's  liege  subjects  to  retain  their  quit- 
rents,  or  any  other  taxes  due,  or  that  may  become  due,  in  their 
own  custody,  till  such  time  as  peace  may  be  again  restored  to 
this  at  present  most  unhappy  country,  or  demanded  of  them, 
for  their  former  salutary  purposes,  by  officers  properly  authoriz- 
ed to  receive  the  same. 

"  Given  under  my  hand,  on  board  the  ship  '  William,'  off 
Norfolk,  the  seventh  day  of  November,  in  the  sixteenth  year  of 
his  Majesty's  reign.  "  DUNMORE. 

"  God  save  the  King  !  " 

The  pictorial  history  of  England,  George  III,  thus 
speaks  of  the  Act : 

"  In  letters  which  had  been  laid  before  the  English  Parlia- 
ement,  and  published  to  the  whole  world,  he  had  represented  th 
planters  as  ambitious,  selfish  men,  pursuing  their  own  interests 
and  advancement  at  the  expense  of  their  poorer  countrymen, 


EMANCIPATION : 

and  as  being  ready  to  make  every  sacrifice  of  honesty  and  prin- 
ciple ;  and  he  had  said  more  privately,  that,  since  they  were  so 
anxious  for  liberty, — for  more  freedom  than  was  consistent  with 
the  free  institutions  of  the  mother-country  and  the  charter  of 
the  Colony, — that  since  they  were  so  eager  to  abolish  a  fanciful 
slavery  in  a  dependence  on  Great  Britain,  he  would  try  how 
they  liked  an  abolition  of  real  slavery  by  setting  free  all  their 
negroes  and  indentured  servants,  who  were,  in  fact,  little  better 
than  white  slaves,  This,  to  the  Virginians,  was  like  passing  a 
rasp  over  a  gangrened  place  :  it  was  probing  a  wound  that  was 
incurable,  or  which  has  not  yet  been  healed.  Later  in  the  year, 
when  the  battle  of  Bunkei's  Hill  had  been  fought,  when  our 
forts  on  Lake  Champlain  had  been  taken  from  us,  and  when 
Montgomery  and  Arnold  were  pressing  on  our  possessions  in 
Canada,  Lord  Dunmore  carried  his  threat  into  execution.  Hav- 
ing established  his  head-quarters  at  Norfolk,  he  proclaimed  free- 
dom to  all  the  slaves  who  would  repair  to  his  standard  and  bear 
arms  for  the  king.  The  summons  was  readily  obeyed  by  most 
of  the  negroes  who  had  the  means  of  escaping  to  him.  He,  at 
the  same  time,  issued  a  proclamation,  declaring  martial  law 
throughout  the  Colony  of  Virginia ;  and  he  collected  a  number 
of  armed  vessels,  which  cut  off  the  costing-trade,  made  many 
prizes,  and  greatly  distressed  an  important  part  of  that  Prov- 
ince. If  he  could  have  opened  a  road  to  the  slaves  in  the  inte- 
rior of  the  Province,  his  measures  would  have  been  very  fatal 
to  the  planters.  In  order  to  stop  the  alarming  desertion  of  the 
negroes,  and  to  arrest  his  Lordship  in  his  career,  the  Provincial 
Assembly  detached  against  him  a  strong  force  of  more  than  a 
thousand  men,  who  arrived  in  the  neighborhood  of  Norfolk  in 
the  month  of  December.  Having  made  a  circuit,  they  came  to 
a  village  called  Great  Bridge,  where  the  river  Elizabeth  was 
traversed  by  a  bridge  ;  but,  before  their  arrival,  the  bridge  had 
been  made  impassable,  and  some  works,  defended  chiefly  by  ne- 


ITS   COURSE   AND   PROGRESS.  39 

groes  had  been  thrown   up."  —  Pictorial  History  of  England, 
George  III,  vol.  I,  pp.-224-225. 

The  Continental  Congress  prohibited  the  employ- 
ment of  slaves  in  the  Army, it  being,says  the  resolution, 
reported  by  the  Committee  of  safety,  'inconsistent 
with  the  principles  that  are  to  be  supported,'  but  be- 
fore the  close  of  the  war  nearly  every  state  passed 
laws  freeing  all  slaves  who  would  enlist ;  the  number 
of  those  accepting  their  freedom  by  enlistment  may  be 
judged,  as  they  formed  in  nearly  every  state  one  or  two 
regiments  and  often  battalions,  while  numbers  of  them 
served  in  the  white  regiments  and  companies.  At  the 
close  of  the  war  a  large  number  of  Negroes  who  served 
in  the  army  with  promise  of  freedom  were  reinslaved 
or  attempted  to  be;  this  injustice  to  the  soldiers  became 
so  frequent  that  the  assembly  of  Virginia  in  1783  passed 
the  following  law: 

"  An  Act  directing  the  Emancipation  of  certain  Slaves  who 
have  served  as  Soldiers  in  this  State,  and  for  the  Emancipation 
of  the  Slave  Aberdeen. 

"  I.  Whereas  it  hath  been  represented  to  the  present  Gen- 
eral Assembly,  that  during  the  course  of  the  war,  many  persons 
in  this  State  had  caused  their  slaves  to  enlist  in  certain  regi- 
ments or  corps  raised  within  the  same,  having  tendered  such 
slaves  to  the  officers  appointed  to  recruit  forces  within  the  State, 
as  substitutes  for  free  persons  whose  lot  or  duty  it  was  to  serve 
in  such  regiments  or  corps,  at  the  same  time  representing  to 
such  recruiting  officers  that  the  slaves  so  enlisted  by  their  direc- 
tion and  concurrence,  were  freemen  ;  and  it  appearing  further 
to  this  Assembly,  that  on  the  expiration  of  the  term  of  enlist- 


40  EMANCIPATION : 

ment  of  such  slaves,  that  the  former  owners  have  attempted 
again  to  force  them  to  return  to  a  state  of  servitude,  contrary  to 
the  principles  of  justice,  and  to  their  own  solemn  promise  ; 

"  II.  And  whereas  it  appears  just  and  reasonable,  that  all 
persons  enlisted  as  aforesaid,  who  have  faithfully  served  agree- 
able to  the  terms  of  their  enlistment,  and  have  thereby  of  course 
contributed  towards  the  establishment  of  American  liberty  and 
independence,  should  enjoy  the  blessings  of  freedom  as  a  re- 
ward for  their  toils  and  labors  ; 

"  Be  it  therefore  enacted,  That  each  and  every  slave,  who 
by  the  appointment  and  direction  of  his  owner,  hath  enlisted  in 
any  regiment  or  corps  raised  within  this  State,  either  on  Conti- 
nental or  State  establishment,  and  hath  been  received  as  a  sub- 
stitute for  any  free  person  whose  duty  or  lot  it  was  to  serve  in 
such  regiment  or  corps,  and  hath  served  faithfully  during  the 
term  of  such  enlistment,  or  hath  been  discharged  from  such 
service  by  some  officer  duly  authorized  to  grant  such  discharge, 
shall,  from  and  after  the  passing  of  this  act,  be  fully  and  com- 
pletely emancipated,  and  shall  be  held  and  deemed  free,  in  as 
full  and  ample  a  manner  as  if  each  and  every  of  them  were 
specially  named  in  this  act ;  and  the  Attorney-general  for  the 
Commonwealth  is  hereby  required  to  commence  an  action,  in 
forma  pauperis,  in  behalf  of  any  of  the  persons  above  described 
who  shall,  after  the  passing  of  this  act,  be  detained  in  servitude 
by  any  person  whatsoever ;  and  if,  upon  such  prosecution,  it 
shall  appear  that  the  pauper  is  entitled  to  his  freedom  in  conse- 
quence of  this  act,  a  jury  shall  be  empanelled  to  assess  the 
damages  for  his  detention. 

"  III.  And  whereas  it  has  been  represented  to  this  Gener- 
al Assembly,  that  Aberdeen,  a  negro  man  slave,  hath  labored  a 
number  of  years  in  the  public  service  at  the  lead  mines,  and  for 
his  meritorious  services  is  entitled  to  freedom  ;  Be  it  therefore 
enacted,  That  the  said  slave  Aberdeen  shall  be,  and  he  is  hereby, 


ITS  COURSE   AND   PROGRESS.  41 

emancipated  and  declared  free  in  as  full  and  ample  a  manner 
as  if  he  had  been  born  free." — Hening's  Statutes  at  Large  of 
Virginia,  vol.  xi.  pp.  308,  309. 

Thus  the  freedom  of  the  Negro  soldiers  of  the  Revo- 
lution was  maintained  ;  as  to  the  number  that  became 
free  by   "going  to  the  British"  it  is  impossible  to  tell, 
every  writer  who  has  written  on  the  subject  places  his 
own  estimate  of  the  number ;  of  the  half  million  slaves 
however,  in   the  colonies  at  the  outbreak  of  the  war 
not  less  than  one  fifth  became  free  by  the  war.     Jeffer- 
son says,  that  30,000  slaves  in  Virginia  alone  went  to 
the  British  in  a  few  weeks  after  the  proclamation  was 
issued,  and   had  it  not   been  that  the  British  govern- 
ment had  carried  on  solely  the   African  slave  trade, 
against  the  protestations  of  the  colonists,  doubtless  the 
whole  Negro  population   would  have  flocked  to   the 
British  standard,  but  they  hesitated  and   feared   to 
trust  a  government  that  had  enslaved  them. 

The  war  of  course  checked  the  traffic,  and  the  de- 
claration of  independence  gave  the  colonists  an  opportu- 
nity to  abolish  slavery,  and  the  Northern  colonies,  or 
states  as  they  now  were,  accepted  the  opportunity  and 
began  a  system  of  gradual  emancipation  coupled  with 
stringent  and  immediate  interdiction  of  the  foreign 
and  domestic  slave  trade  ;  for  the  benefit  of  the  South- 
ern States,  however,  the  trade  was  revived  after  the 
Revolution  and  was  carried  on  with  Africa  for  a  quar- 
ter of  a  century  uninterruptedly;  in  the  mean  time  the 
Northern  states  in  framing  their  constitutions  abolished 
the  institution,  beginning  with 


42  EMANCIPATION : 

1777.  Vermont,  upon  whose  soil  a  slave  never  trod,  de- 
clared against  slavery  in  her  declaration  against  Bri- 
ton's rule,  and  prohibited  it  in  her  Constitution. 

1780.  Massachusetts,  in  framing  her  Constitution,  inser- 
ted the  following  declaration :  "  All  men  are  born  free 
and  equal,  and  have  certain  natural,  essential,  and  ina 
lienable  rights,  among  which  are  the  right  of  enjoying 
and  defending  their  lives  and  liberties,  and  that  of  ac- 
quiring, possessing,  and  protecting  property,"  her  su- 
preme Court  held  that  this  forever  abolished  slavery  in 
the  state,  and  her  slaves  became  by  this  decision  free. 

Pennsylvania — Her  legislature  passed  an  Act  de- 
claring that  all  persons  born  in  that  State  after  the  1st 
of  March,  1780,should  be  free  at  the  age  of  twenty  eight. 

1783.  New  Hampshire — Abolished  slavery  by  her  Consti- 
tution. 

1784.  Rhode  Island,  enacted  that  after  March  all  persons 
born  in  the  State  should  be  free. 

Connecticut — passed  a  gradual  emancipation  Act. 
1799.  New  York — Her  legislature  enacted  a  bill  for  gradu- 
al emancipation,  which  was  amended  in  1817  by  an  Act 
which  declared  that  after  the  4th  of  July,  1827,  slavery 
should  not  exist  in  that  State,  and  further  provided  for 
the  immediate  emancipation  of  ten  thousand  African 
slaves. 

1804.  New  Jersey — By  her  legislature  passed  an  Act  for- 
ever abolishing  slavery,  and  giving  freedom  gradually 
to  her  slaves. 


ITS   COURSE   AND   PROGRESS.  43 

( In  the  census  of  1790  the  Northern  States  are 
given  40,370,  and  the  Southern  States  657,527  Negroes, 
slaves.) 

It  is  in  justice  to  the  effort  made  in  Virginia  in 
1830 — 31,  to  abolish  slavery  by  her  legislature,  that  I 
make  mention  of  it  here.  Following  the  Nat  Turner 
insurrection  in  one  of  her  counties, — Southampton — and 
i  n  a  nswerto  a  petition  signed  by  several  hundred  fe- 
males, the  question  was  taken  up  by  the  legislature;  a 
bill  for  gradual  emancipation  was  discussed  at  great 
length  and  failed  to  pass  by  only  two  votes;  this  was 
superinduced  by  the  insurrection,  and  with  its  subsi- 
dence went  the  emancipation  question.  It  was  not 
Virginia's  first  attempt  to  get  rid  of  slavery;  her  Colo- 
nial Assembly  in  1772,  presented  a  petition  to  the 
Crown,  stating,  says  Judge  Tucker,  in  his  "Notes  to 
the  American  edition  of  Blackstone's  Commentaries," 
"that  the  importation  of  slaves  into  the  Colony  from 
the  Coast  of  Africa,  has  long  been  considered  as  a 
trade  of  great  inhumanity ,and  under  its  present  encour- 
agement they  have  too  much  reason  to  fear  would  en- 
danger the  very  existence  of  his  Majesty's  American  do- 
minion," and  beseeching  the  Crown  to  remove  all  those 
restraints  on  the  Governors  of  that  Colony,  which  in- 
hibited their  assenting  to  such  laws  as  might  check  so 
very  pernicious  a  commerce  as  the  African  slave  trade. 
But  in  this  she  followed  the  example  set  by  the  North- 
ern Colonies.  Massachusetts,  as  early  as  1703,  and 
again  in  1767,  sought  to  interdict  slavery,  so  did  New 


44  EMANCIPATION : 

Jersey,  and  Pennsylvania;  but  the  English  Govern- 
ment lent  a  deaf  ear  to  their  entreaties,  but  no  sooner 
was  the  independence  of  the  Colonies  declared  in  1776  , 
than  the  American  Congress  resolved  against  the  im- 
portation of  slaves  from  Africa. 

1808 

By  Act  of  Congress  the  slave  trade  was  abolished, 

icon  an(l  shortly  thereafter  declared  to  be  piracy,  and   pun- 
iSfv* 

ishable  with  death. 

1  Rfil 

When  it  was  finally  decided  by  the  Southern  lead- 

ers  to  dissolve  the  Union  of  the  States,  and  defensive 
preparations  began  throughout  the  South,  slaves  were 
employed  principally  in  building  fortifications,  batter- 
ies, and  in  digging  trenches  for  the  Confederate  gov- 
ernment, while  their  masters  were  organizing  and  drill  - 
ing,  and  later,  when  every  road  had  its  defences  and  Con- 
federate cannon  had  been  mounted,from  Virginia  to  Tex- 
as, the  Negro  was  still  a  formidable  obstacle  to  the  suc- 
cess of  the  Federal  government,  and  a  most  powerful  al- 
ly to  the  Confederacy  ;  though  not  in  the  battle  field 
shooting  down  the  Federal  soldiers,  he  was  in  the  corn, 
rice  and  cotton  fields  cultivating  the  products  that  went 
to  the  maintenance  of  those  who  were  in  the  battlefield — 
their  masters — and  who  but  for  their  Negroes  must 
have  remained  at  home,  at  least  a  portion  of  them,  to 
till  the  land.  When  this  became  apparent  to  the  North , 
the  Federal  Government  were  at  a  loss  to  devise 
a  remedy  or  estoppel  for  the  aid;  in  fact  the  back  bone 
the  Negro  was  giving  the  confederacy. 


ITS  COURSE  AND  PROGRESS.  45 

Mr.  Lincoln  had  promised  that  the  institution  of 
slavery  should  not  be  troubled,  but  it  is  quite  reasona- 
ble to  suppose  that  he,  before  making  this  promise  in  his 
inaugural  message,  had  not  seen  the  Negro  in  the  role  of 
an  ally  to  the  South,  and,  to  some  extent,  adhered  to  the 
opinion  of  the  Semi-Union  men  at  the  North,  who  be- 
lieved that  when  hostilities  began,  the  Negroes  would 
revolt ;  but  this  prediction  did  not  come  to  pass,  and 
the  friends  and  supporters  of  the  Federal  Government, 
realizing  the  very  great  advantage  the  South  was  re- 
ceiving from  the  Negro,  sought  to  cripple  and  deprive 
her  of  it.  Yet  all  was  at  sea,  for  the  .North  studied 
how  to  fight  the  South,  how  to  coerce  her  and  yet  not 
regard  her  as  an  enemy,  at  all  events  not  in  that  sense 
in  which  a  foreign  nation  would  be  regarded.  All 
publicists  agree  that  when  a  country  is  in  open  war 
with  an  enemy  she  has  the  right  to  use  every 
means  to  weaken  that  enemy,  and  there  were  a  large 
minority  at  the  North,  however,  who  did  believe  in 
this  doctrine,  and  advocated  it  in  the  pulpit,  at  the 
bar,  through  the  press,  and  on  the  stump,  but  the  ad- 
ministration remained  at  sea. 

Soon  after  General  Butler  assumed  command  at 
Fortress  Monroe,  on  the  22nd  of  May,  forty  days  after 
the  surrender  of  Fort  Sumter,  three  Negro  men,  Shep- 
pard  Mallory,  Frank  Baker  and  James  Townsend,  the 
property  of  Col.  Mallory  of  Hampton,  entered  his  lines, 


46  EMANCIPATION : 

seeking   protection,   they    stated   that    their    master, 
Col.  Mallory,  was  a  Confederate  officer,  and  was  about  to 
send  them  away  to  work  on  rebel  fortifications.     But- 
ler held  they  were  "Contraband  of  war"  and   instruct- 
ed the  quarter-master  to  put  them  to   work.      On   the 
27th,  finding  the  slaves  of  rebels  continued  to  come  in- 
to his  lines,  Butler  wrote  to   Lt.  Gen.  Scott,  saying, 
"Since  I  wrote  my  last,  the  question  in  regard  to  slave 
property  is  becoming  one  of  very  serious   magnitude. 
The  inhabitants  of  Virginia  are  using  their  Negroes  in 
the  batteries,  and  are  preparing  to  send  their  women  and 
children  South.  The  escapes  from  them  are  very  numer- 
ous, and  a  squad  has  come  in  this  morning  and   my 
pickets  are  bringing  in  their  women  and  children.    Of 
course  these  cannot  be  dealt  with  upon  the  theory   on 
which  I  designed  to  treat  the  services  of  able-bodied 
men  and  women,  who  might   come   within  my  lines, 
and  of  which  I  gave  you  a  detailed  account  in  my  last 
despatch. 

I  am  in  the  utmost  doubt  what  to  do  with  this 
species  of  property  ;  up  to  this  time,  I  have  had  come 
within  rny  lines,  men  and  women,  with  their  children 
— entire  families — each  family  belonging  to  the  same 
owner.  I  have,  therefore,  determined  to  employ — as  I 
can  do  very  profitably — the  able-bodied  persons  in  the 
party,  issuing  proper  food  for  the  support  of  all.  Charg- 
ing against  their  services  the  expenses  of  care  and  sus- 
tenance of  the  non-laborers;  keeping  a  strict  and  ac- 


ITS   COURSE    AND   PROGRESS.  4T 

curate  account,  as  well  of  the  services  as  of  the  expen- 
ditures, bearing  the  worth  of  the  services  and  the  cost 
of  the  expenditures  determined  by  a  board  of  survey, 
hereafter  to  be  detailed.  I  know  of  no  other  manner  in 
which  to  dispose  of  this  subject,  and  the  questions  con- 
nected therewith. 

As  a  matter  of  property,  to  the  insurgents  it  will 
be  of  very  great  moment — the  number  that  I  now  have 
amounting,  as  I  am  informed,  to  what  in  good  times 
would  be  of  the  value  of  $60.000. 

Twelve  of  these  Negroes,  I  am  informed,  have  es- 
caped from  the  erection  of  the  batteries  on  Sewell's 
Point,  which  fired  upon  my  expedition  as  it  passed  by 
out  of  range.  As  a  means  of  offense,  therefore,  in  the 
enemy's  hands,  these  Negroes,  when  able  bodied,  are 
of  great  importance.  Without  them,  the  batteries 
could  not  have  been  erected;  at  least  for  many  weeks. 
As  a  military  question,  it  would  seem  to  be  a  measure- 
of  necessity,  to  deprive  their  masters  of  their  services. 

How  can  this  be  done?  As  a  political  question 
and  a  question  of  humanity,  can  I  receive  the  services 
of  a  father  and  a  mother  and  not  take  the  children? 
Of  the  humanitarian  aspect,  I  have  no  doubt;  of  the  po- 
litical one,  I  have  no  right  to  judge;  I  therefore  submit 
all  this  to  your  better  judgment;  and  as  these  questions 
have  a  political  aspect,  I  have  ventured — and  I  trust  I 
am  not  wrong  in  so  doing — to  duplicate  the  parts  of 


48  EMANCIPATION : 

my  despatch  relating  to  this  subject,  and  forward  them 
to  the  Secretary  of  War. 

Your  obedient  servant, 

BENJ.  F.  BUTLER." 
Lt.  Gen.  Scott. 

It  is  held  by  many  of  the  leading  statesmen  and 
politicians,  that  all  the  emancipation  acts  passed  by 
Congress  were  in  keeping  with  the  idea  advanced  by 
Butler,  that  Negroes  used  and  employed  in  erecting 
works  or  otherwise  aiding  the  rebellion  should  be  con- 
fiscated, and  dealt  with  as  Contraband  of  war.  The 
status  of  tne  Negro  was  a  subject  of  much  comment 
even  in  cabinet  circles;  that  he  would  be  a  strong  ally 
to  the  rebels,  was  conceded  by  all,  but  how  to  deprive 
them  of  their  services,  none  but  the  most  ultra-aboli- 
tionist dared  suggest.  It  was  not  so  much  what  should 
be  done  with  them,  when  caught  giving  aid  to  the 
Confederate  government,  as  it  was  what  should  be  done 
with  them  after  capture  or  surrender?  These  points 
Gen.  Butler  laid  before  the  governing  powers  so  con- 
cisely and  explicitly  as  to  have  them  decide  the  policy 
of  the  administration  regarding  the  status  of  the  Negro. 
Gen.  Cameron,  Secretary  of  War,  clearly  defined  the  po- 
sition of  the  administration,  in  reply  to  Butler  : 

<'Str:— 

Your  action  in  respect  to  the  Negroes  who  came  within 
your  lines  from  the  service  of  the  rebels,  is  approved  The  De- 
partment is  sensible  of  the  embarrassments  which  must  sur- 
round officers  conducting  military  operations  in  a  state  by  the 


ITS   COURSE   AND   PROGRESS.  49 

laws  of  which  slavery  is  sanctioned.  The  government  cannot 
recognize  the  rejection  by  any  state  of  its  Federal  obligations 
resting  upon  itself,  among  these  Federal  obligations,  however, 
no  one  can  be  more  important  than  that  of  suppressing  and 
dispersing  any  combination  of  the  former  for  the  purpose  of 
overthrowing  its  whole  constitutional  authority.  While,  there- 
fore, you  will  permit  no  interference  by  persons  under  your 
command,  with  the  relations  of  persons  held  to  service  under 
the  laws  of  any  state,  you  will,  on  the  other  hand,  so  long  as 
any  state  within  which  your  military  operations  are  conduct- 
ed, remains  under  the  control  of  such  armed  combinations, 
refrain  from  surrendering  to  alleged  masters,  any  persons  who 
come  within  your  lines.  You  will  employ  such  persons  in  the 
services  to  which  they  will  be  best  adapted,  keeping  an  account 
of  the  labor  by  them  performed,  of  the  value  of  it,  and  the  ex- 
penses of  their  maintenance.  The  question  of  their  final  dispo- 
sition will  be  reserved  for  future  determination. 

SIMON  CAMERON, 

Secretary  of  War. 
To  Maj.  Gen.  Butler. 

"Contraband."  This  word  now  became  synonymous 
with  emancipation  ;  to  this  the  leading  men  of  the  na- 
tion agreed,  holding  with  Vattel,  "That  in  time  of  war, 
if  it  be  a  just  war,  and  there  be  a  people  who  have  been 
oppressed  by  the  enemy,  and  that  enemy  be  conquered, 
the  victorious  party  cannot  return  that  oppressed  peo- 
ple to  the  bondage  from  which  they  have  rescued  them." 
Though  the  rebellion  had  hardly  begun,  there  was  an 
air  of  confidence  of  success  in  the  orders  of  the  govern- 
ment and  in  the  expressed  opinions  of  the  loyal  people, 
and  from  this  single  act  the  emancipationist  and  the 


50  EMANCIPATION : 

abolition  press  saw  the  star  of  their  hope  advanced  to 
this  bright  constellation  of  our  country's  future  great- 
ness— Emancipation — Equality.  Instead  of  the  rebels 
keeping  this  edict  of  Butler's  and  Cameron's  out  of  the 
ears  of  the  Negroes, they  gave  publicity  to  it,and  hundreds 
of  contrabands  flocked  to  Butler.  The  New  York 
Herald,  in  no  sense  an  anti-slavery  paper,  said  regard- 
ing the  act,  "Gen.  Butler  has  struck  this  Southern  in- 
surrection in  a  place  which  is  as  vulnerable  as  the  head 
of  Achilles',  and  we  dare  say  that,  in  receiving  and  seiz- 
ing the  slaves  of  rebels  as  Contraband  of  war,  this  South- 
ern Confederacy  will  be  substantially  suppressed  with 
the  pacification  of  Virginia."  Again  this  same  paper 
spoke,  in  about  a  month  afterwards,  and  said,  "These 
fugitive  slaves,  at  this  rate,  will  soon  prove  more  pow- 
erful in  suffocating  this  southern  white  insurrection 
than  all  the  armies  of  Gen.  Scott.  This  man  Butler 
in  this  thing,  has  proved  himself  the  greatest  lawyer 
we  have  between  a  pair  of  epaulets." 

May  3 ist,  and  June  2Sth,  1861* 

In  July,  the  matter  was  brought  in  Congress  by 
Hon.  Lyman  Trumbull,  of  Illinois,  as  chairman  of  the 
Senate's  Judiciary  Committee,  and  by  direction  ot  that 
committee  he  reported  to  the  Senate  a  bill  to  confiscate 
all  property  of  rebels  used  for  insurrectionary  and  oth- 
er purposes;  the  main  or  emancipation  feature  of  the 
bill  read,  "That  whenever  any  person  claiming  to  be  en- 
titled to  the  services  or  labor  of  any  other  person,  nn- 


ITS   COURSE   AND   PROGRESS.  51 

der  the  laws  of  any  state,  shall  employ  such  persons  in 
aiding  or  promoting  any  insurrection,  or  in  resisting 
the  laws  of  the  United  States,  or  shall  permit  or  suffer 
him  to  be  so  employed,  he  shall  forfeit  all  right  to  such 
service  or  labor,  and  the  person  whose  labor  or  service 
is  thus  claimed  shall  be  henceforth  discharged  there- 

O 

from,any  law  to  the  contrary  notwithstanding."  It  pass- 
ed the  senate  by  33  yeas  to  6  noes,  it  passed  the  House  of 
Representatives  on  the  3rd  of  August,receiving  the  sig- 
nature of  the  President  on  the  6th.  Thus  began  a  series 
of  emancipation  enactments  looking  to  the  overthrow  of 
the  rebellion. 

In  July,  Maj.  Gen.  Fremont  took  command  of  the 
Department  ot  Missouri,and  on  the  31st  of  August  issu- 
ed a  general  edict  emancipating  the  slaves  of  all  persons 
in  arms  in  that  state  against  the  general  government ; 
the  following  is  the  portion  of  the  order  referred  to  : 

"  In  order  to  suppress  disorders,  to  maintain,  as 
far  as  now  practicable,  the  public  peace,  and  to  give 
security  and  protection  to  the  persons  and  property  of 
loyal  citizens,  I  do  hereby  declare  established  martial 
law  throughout  the  State  of  Missouri.  *  *  *  *  All 
persons  who  shall  be  taken  with  arms  in  their  hands, 
within  these  lines,  shall  be  tried  by  court-martial,  and 
if  found  guilty,  will  be  shot,  the  property,  real  and  per- 
sonal, of  all  persons  in  the  State  of  Missouri,  who  shall 
take  up  arms  against  the  United  States,  or  who  shall  be 
directly  proven  to  have  taken  active  part  with  their 


52  EMANCIPATION 

enemies  in  the  field,  is  declared  to  be  confiscated  to  the 
public  use ;  and  their  slaves,  if  any  they  have,  are  here- 
by declared  free  men."  The  following  letter  fully  ex- 
plains itself;  it  was  necessitated  by  Gen.  Fremont's  re- 
fusal to  withdraw  or  modify  his  order  or  that  portion 
relating  to  the  emancipation  of  slaves. 

"  WASHINGTON,  D.  C,  Sept.  nth,  1861. 

Maj.  General  ^ohn  C.  Fremont, 
Sir.— 

Yours  of  the  8th,  in  answer  to  mine  of  the  2nd  inst,  is  just 
received.  Assured  that  you,  upon  the  ground,  could  better 
judge  of  the  necessities  of  your  position  than  I  could  at  this 
di  stance,  on  seeing  your  proclamation  of  August  3oth,  I  per- 
ceived no  general  objection  to  it ;  the  particular  clause,  howeven 
in  relation  to  the  confiscation  of  property  and  the  liberation  of 
slaves,  appeared  to  me  to  be  objectionable  in  its  non-conformi- 
ty to  the  act  of  Congress,  passed  the  6th  of  last  August,  upon 
the  same  subjects ;  and  hence  I  wrote  you  expressing  my  wish 
that  that  clause  should  be  modified  accordingly.  Your  answer 
just  received  expresses  the  preference  on  your  part  that  I 
should  make  an  open  order  for  the  modification,  which  I  very 
cheerfully  do;  it  is  therefore  ordered  that  the  said  clause  of  said 
proclamation  be  so  modified,  held,  and  construed,  as  to  conform 
with  and  not  to  transcend,  the  provisions  on  the  same  subject 
contained  in  the  act  of  Congress,  entitled,  An  act  to  confis- 
cate property  used  for  insurrectionary  purposes,"  approved 
August  6th,  1 86 1  ;  and  that  the  said  act  be  published  at  length 
with  this  order. 

Your  obedient  Servant, 

A.  LINCOLN." 

General  Fremont's  proclamation  was  hailed  with 


ITS   COURSE   AND   PROGRESS.  53 

approval  by  the  loyal  press  and  people  generally,  not- 
withstanding Mr.  Lincoln  was  loth  to  part  from  the 
policy  enunciated,  it  was  in  fact  with  some  reluctance 
that  he  approved  the  act  he  quotes;  wherever  a  volun- 
teer officer  commanded  he  dealt  slavery  a  blow;  if  he 
did  not  proclaim  the  slaves  free,  he  so  acted  and  treat- 
ed them. 

To  the  contrary  of  this,  was  the  conduct  and  pro- 
cedure of  the  West  Pointers,  in  the  regular  army. 

The  fires  of  emancipation,  however,  were  burning 
brighter  throughout  the  East;  mass  meetings  and  pray- 
er meetings  for  abolition  were  held  in  all  the  large 
Northern  cities,  resolutions  and  delegations  were  sent 
to  Washington  City  urging  upon  Congress  the  neces- 
sity of  prohibiting  the  Navy  and  Army  officers  return- 
ing escaped  slaves  to  their  alleged  owners. 
1862  President  Lincoln  sent  the  following  special  mess- 
age to  Congress  in  March,  recommending  aid  to  the 
States  that  would  abolish  slavery  : 

"Fellow-Citizens  of  the  Senate  and  House  of  Representatives : 

"  I  recommend  the  adoption  of  a  joint  resolution  by  your 
honorable  bodies  which  shall  be  substantially  as  follows  : 

"  '  Resolved,  That  the  United  States  ought  to  cooperate  with 
any  State  which  may  adopt  a  gradual  abolishment  of  slavery, 
giving  to  such  State  pecuniar}-  aid  to  be  used  by  such  State  at  its 
discretion,  to  compensate  for  the  inconveniences,  public  and 
private,  produced  by  such  change  of  system.' 

"  If  the  proposition  contained  in  the  resolution  does  not 
meet  the  approval  of  Congress  and  the  country,  there  is  the  end; 
but  if  it  does  command  such  approval,  I  deem  it  of  importance 


54  EMANCIPATION : 

that  the  States  and  people  immediately  interested  should  be  at 
once  distinctly  notified  of  the  fact,  so  that  they  may  begin  to 
consider  whether  to  accept  or  reject  it.  The  Federal  Govern- 
ment would  find  its  highest  interest  in  such  a  measure  as  one  of 
the  most  efficient  means  of  self-preservation.  The  leaders  of 
the  existing  insurrection  entertain  the  hope  that  the  Govern- 
ment will  ultimately  be  forced  to  acknowledge  the  independence 
of  some  part  of  the  disaffected  region,  and  that  all  the  slave 
States  north  of  such  parts  will  then  say  ;  '  The  Union  for  which 
we  have  struggled  being  already  gone,  we  now  choose  to  go  with 
the  southern  section.'  To  deprive  them  of  this  hope,  substan- 
tially ends  the  rebellion,  and  the  initiation  of  emancipation  com- 
pletely deprives  them  of  it  as  to  all  the  States  initiating  it. 

"The  point  is  not  that  all  the  States  tolerating  slavery  would 
very  soon,  if  at  all,  initiate  emancipation,  but  that  while  the 
offer  is  equally  made  to  all,  the  more  northern  shall,  by  such 
initiation,  make  it  certain  to  the  more  southern  that  in  no  event 
will  the  former  ever  join  the  latter  in  their  proposed  confedera- 
cy. 1  say  '  initiation,'  because,  in  my  judgment,  gradual  and  not 
sudden  emancipation  is  better  for  all.  In  the  mere  financial  or 
pecuniary  view,  any  member  of  Congress,  with  the  census  tables 
and  the  treasury  report  before  him,  can  readily  see  for  himself 
how  very  soon  the  current  expenditures  of  this  war  would  pur- 
chase, at  a  fair  valuation,  all  the  slaves  in  any  named  State. 

"  Such  a  proposition  on  the  part  of  the  general  Govern- 
ment sets  up  no  claim  of  a  right  by  Federal  authority  to  inter- 
fere with  slavery  within  State  limits,  referring  as  it  does  the 
absolute  control  of  the  subject  in  each  case  to  the  State  and  its 
people  immediately  interested.  It  is  proposed  as  a  matter  of 
perfectly  free  choice  with  them. 

"  In  the  aunual  message,  last  December  I  thought  fit  to  say  : 
•'  The  Union  must  be  preserved,  and  hence  all  indispensable 
means  must  be  employed.'  I  said  this  not  hastily,  but  deliber- 


ITS   COURSE   AND   PROGRESS.  55 

ately.  War  has  been,  and  continues  to  be  an  indispensable 
means  to  this  end.  A  practical  re-acknowledgment  of  the 
national  authority  would  render  the  war  unnecessary,  and  it 
would  at  once  cease.  If,  however,  resistance  continues,  the  war 
must  also  continue,  and  it  is  impossible  to  foresee  all  the  inci- 
dents which  may  attend,  and  all  the  ruin  which  may  follow  it. 
Such  as  may  seem  indispensable,  or  may  obviously  promise 
great  efficiency  toward  ending  the  struggle,  must  and  will  come. 
The  proposition  now  made  is  an  offer  only,  and  I  hope  it  may 
be  esteemed  no  offence  to  ask  whether  the  pecuniary  considera- 
tion tendered  would  not  be  of  more  value  to  the  States  and 
private  persons  concerned  than  are  the  institution  and  property 
in  it,  in  the  present  aspect  of  affairs.  While  it  is  true  that  the 
adoption  of  the  proposed  resolution  would  be  merely  initiatory, 
and  not  within  itself  a  practical  measure,  it  is  recommended  in 
the  hope  that  it  would  soon  lead  to  imoortant  results.  In  full 
view  of  my  great  responsibility  to  my  God  and  to  my  country, 
I  earnestly  beg  the  attention  of  Congress  and  the  people  to  the 
subject.  ABRAHAM  LINCOLN." 

The  subject  was  duly  taken  up;  in  December,  1861, 
•a  bill  was  introduced  in  Congress  abolishing  slavery  in 
the  District  of  Columbia,  but  it  was  not  yet  finally 
-acted  upon,  but  now  the  President  had  seen  fit,  though 
very  cautiously,  to  signal  his  acceptance  of  the  voice  of 
the  loyal  North,  in  the  message.  In  April,  Congress  re- 
sumed the  consideration  of  abolishing  slavery  in  tlie 
District,  over  which  it  has  sole  jurisdiction,  and  on 
the  llth  passed  the  bill,  giving  compensation  to  loyal 
owners,  $300  per  head ;  the  bill  was  approved  by  the 
President  on  the  16<A,  and  returned  to  Congress  with  the 
following  message; 


56 


EMANCIPATION : 


"  Fellow-Citizens  of  the  Senate  and  House  of  Representatives  : 

"  The  act  entitled  '  An  act  for  the  release  of  certain  persons 
held  to  service  or  labor  in  the  District  of  Columbia,'  has  this 
day  been  approved  and  signed. 

•"  I  have  never  doubted  the  constitutional  authority  of  Con- 
gress to  abolish  slavery  in  this  District,  and  I  have  ever  desired 
to  see  the  national  capital  freed  from  the  institution  in  some 
satisfactory  way.  Hence  there  has  never  been  in  my  mind  any 
question  upon  the  subject  except  the  one  of  expediency,  arising 
in  view  of  all  the  circumstances.  If  there  be  matters  within 
and  about  this  act,  which  might  have  taken  a  course  or  shape 
more  satisfactory  to  my  judgment,  I  do  not  attempt  to  specify 
them.  I  am  gratified  that  the  two  principles  of  compensation 
and  colonization  are  both  recognized  and  practically  applied  in 
the  act. 

"  In  the  matter  of  compensation,  it  is  provided  that  claims 
may  be  presented  within  ninety  days  from  the  passage  of  the 
act.  but  not  thereafter,  and  there  is  no  saving  tor  minors,  femmes 
coverts,  insane,  or  absent  persons.  I  presume  this  is  an  omis- 
sion by  mere  oversight,  and  I  recommend  that  it  be  supplied  by 
an  amendatory  or  supplemental  act.  ABRAHAM  LINCOLN." 

A  hundred  thousand  dollars  was  appropriated  to 
colonize  those  who  desired  to  go  out  of  the  country,  all 
of  which  was  squandered  in  the  vain  attempt  to  establish 
a  Colony  on  Cow  Island  in  the  Caribbean  Sea.     An  ef- 
fort was  then  made  to  pay  $300  for  every  slave  eman- 
cipated in  the  States  of  Delaware,  Virginia,  Maryland, 
Kentucky,  Tennessee,  and  Missouri,  but  this  was  not 
passed.     On  the  24^  of  March  the  question  abolishing 
slavery  in  the  Territories  was  introduced  by  a  bill. 
Congress  had  organized  Colorado,  Nevada,  and  Dako- 


ITS   COURSE   AND   PROCURESS.  5T 

tab  into  territories  without  saying  anything  about 
slavery,  in  keeping  with  the  President's  policy,  but  since 
then  there  had  been  a  departure,  and  the  emancipationist 
had  succeeded  in  the  district,  and  now  they  de- 
manded the  National  Government  to  wipe  its  hands 
clear  of  the  foul  blot  wherever  it  had  the  power,  con- 
sequently slavery  in  the  Territories  was  forever  pro- 
hibited and  the  slaves  in  them  freed :  this  measure 
was  passed  in  June. 

This  was  the  greatest  achievement  of  all ;  it  had  been 
the  effort  of  the  anti-slavery  men  of  the  country  from 
the  very  first  to  prohibit  slavery  from  going  into  the 
Territories,  in  truth  it  was  the  scheme  to  eventually 
destroy  slavery.  Mr.  Jefferson  in  the  first  Colonial 
Congress  after  the  surrender  of  Cornwallis  at  Yorktown, 
submitted  a  plan  for  the  organization  of  the  Territo- 
ries, embryo  states,  to  be  ceded  to  the  Confederation, 
and  in  which  report  known  as  the  Jeffersonian  ordi- 
nance of  1784,  was  embodied  the  following  condition: 

"That  after  the  year  1800  of  the  Christian  era,  there 
shall  be  neither  slavery  nor  involuntary  servitude  in 
any  ot  the  said  states,  (Territories)  otherwise  than  in 
punishment  of  crimes,  whereof  the  party  shall  have 
been  duly  convicted  to  have  been  personally  guilty. " 
This  proposition  was  defeated  by  the  absence  of  a  mem- 
ber from  ISTew  Jersey,  whose  presence  and  vote  might 
have  saved  the  lives  and  treasury  sacrificed  in  the  re- 
bellion of  1861 — 5  because  it  would  have  confined  slav- 
[D] 


58  EMANCIPATION : 

ery  to  the  States  in  which  it  then  existed  ;  as  the  sequel 
now  shows  it  would  not  have  lived  until  1800.  It  may 
not  be  uninteresting  to  the  reader  to  know  to  some  ex- 
tent the  effort  made  against  slavery  in  all  but  the  thir- 
teen original  States,  at  the  organization  of  the  territo- 
rial governments  under  the  compact,  therefore   I  speak 
of  it.     The  last  Colonial  Congress  which  assembled   in 
1787,  (the  convention  which  framed   our  present   con- 
stitution was  sitting  at  the  same  time,)  took  in  consid- 
eration the  territorial  governments,  and  Nathan  Dane, 
of  Mass.,  reported  from  a  committee  rates  for  the   gov- 
ernment of  the  territories  northwest  of  the   Ohio,   not 
including  those  embraced  in  Mr.  Jefferson's  report,   in 
1784;  the  act  was  passed  with  the  following  condition: 
"There  shall  be  neither  slavery  nor  involuntary   servi- 
tude in  the  said  territories  otherwise  than   in   punish- 
ment of  crimes  whereof  the  parties  shall  be   duly   con- 
victed:" To  this  was  added  an  agreement  that  slaves  es- 
caping from  one  to  another  State  should  be  apprehend- 
ed and  returned  ;  with  this  it  was  adopted  by  the   con- 
vention as  well  as  by  the  Colonial  Congress ;  thus   the 
abolitionists'  plan  was  thwarted,  hence  the   magnitude 
and  importance  of  the  victory  for  the   emancipationist 
at  the  passage  of  the   bill    abolishing  and   prohibiting 
slavery  in  the  territories. 

Following  the  measures  already  cited  was  the  confis- 
cation bill  which  proposed  that  all  slaves  of  persons 
who  give  aid  or  comfort  to  the  rebellion,  who  shall 
take  refuge  within  the  federal  lines,  all  slaves  captured 


ITS   COURSE    AND   PROGRESS.  59 

from  such  persons  or  deserted  by  them,  &c.  &c.  &c., 
shall  be  free  ;  it  received  the  President's  approval  in 
July,  as  did  also  the  bill  abolishing  the  African  slave 
trade  at  the  same  time.  The  tide  now  fairly  set  in, 
and  Congress  had  accepted  the  opinion  of  the  North 
that  slavery  was  the  back  bone  of  the  Confederacy  and 
must  be  so  treated.  A  propsition  to  amend  the  nation, 
al  enrollment  act  so  as  to  include  within  its  provision 
persons  of  African  descent,  was  taken  up  and  passed. 
Already  there  was  a  considerable  armed  forced  of  Ne- 
groes in  the  Army,  the  camps  of  the  Union  forces  were 
swarming  with  contrabands  ;  this  word  of  itself  was 
understood  by  the  major  portion  of  the  Union  Army 
to  mean  freedom  ;  during  the  debate  upon  the  propo- 
sition to  arm  the  Negroes,  and  declare  them  forever  free. 
Senator  Harlem  of  Iowa,  said,  ''If  I  read  the  signs  of 
the  times  correctly,  this  has  become  a  necessity.  We 
cannot,  if  we  persist  in  our  folly,  thwart  the  ultimate 
purposes  of  the  Almighty.  By  His  providential  inter- 
position, He  has  thrown  open  the  door  for  the  libera- 
tion of  a  nation  of  bondmen  ;  He  has  removed  the  Con- 
stitutional impediment;  He  has  caused  their  assistance 
to  be  necessary  for  the  perpetuity  of  the  Union  and  the 
integrity  of  the  nation.  If  we  accept  of  this  high  des- 
tiny, all  the  nations  of  earth  combined  against  us 
would  be  as  flax  in  the  flames  ;  but  if  we  are  not  equal 
to  the  demand  of  the  age  and  obstinately  refuse  to  fol- 
low the  plain  intimation  of  Providence,  this  great 
work  will  be  handed  over  to  other  nations,  or  will  be 


60  EMANCIPATION : 

wrought  out  by  the  rebels  themselves ,  and  our  nation 
will  become  permanently  divided."  This  measure  was 
adopted  in  July:  the  act  gave  freedom  to  every  black 
man  enrolled,  drafted  or  volunteering  on  being  muster- 
ed into  the  military  service  of  the  United  States^ 
This  manumission  act,  together  with  the  confiscati  on 
act  freeing  slaves  within  the  Federal  lines  belonging  to 
disloyal  persons,  gave  freedom  to  hundreds  of  thous- 
ands of  Negro  slaves,  including  over  two  hund  red 
thousand  in  the  army  and  navy  during  the  rebellion. 
With  slavery  prohibited  forever  in  the  Territories,  the 
close  of  the  year  drawing  near,  bore  rich  fruit  to  the 
emancipationists,  though  slavery  still  existed  in  the 
States  of  Delaware  and  Kentucky. 

The  prospects  of  a  complete  abolition  harvest  was 
enhanced  in  September,  by  the  President's  prelimina- 
ry proclamation;  he  having  assumed  actual  command 
of  the  United  Slates  forces  engaged  in  suppressing  the 
rebellion  in  March,  and  now,  as  commander-iu-chief. 
he  issued  a  Proclamation;  warning  those  in  arms  a- 
gaiust  the  United  States  authorities,  that  unless  they 
laid  down  their  arms  and  returned  to  their  allegiance 
due  the  Government  of  the  TTnited  States  before  the 
1st  day  of  January,  1863,  he  would  on  that  day  declare 
.  all  their  slaves  free. 

Xotlnvithstanding  his  prospective  and  meditative 
proclamation  of  Emancipation  to  be  issued  January  1st, 
in  his  annual  Message  to  Congress  December  1st,  he 


ITS  COUKSE  AND  PEOGRESS.  61 

ma  de  the   following  recommendations  as  an  amend- 
ment to  the  Constitution: 

"  Resolved,  By  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  two-thirds 
of  both  houses  concurring,  that  the  following  articles  be  pro- 
posed to  the  Legislatures  or  Conventions  of  the  several  States 
as  amendments  to  the  Constitution  of  the  United  States,  all  or 
any  of  which  articles,  when  ratified  by  three-fourths  of  the  said 
Legislatures  or  Conventions,  to  be  valid  as  part  or  parts  of  the 
said  Constitution,  namely : 

"  ARTICLE — .  Every  State  wherein  slavery  now  exists,  which 
shall  abolish  the  same  therein  at  any  time  or  times  before  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand  nine 
hundred,  shall  receive  compensation  from  the  United  States  as 
follows,  to  wit : 

"  The  President  of  the  United  States  shall  deliver  to  every 
such  State,  bonds  of  the  United  States;  bearing  interest  at  the 

rate  of ,  for  each  slave  shown  to  have  been  therein,  by  the 

eighth  census  of  the  United  States  ;  said  bonds  to  be  delivered 
to  such  State  by  instalments,  or  in  one  parcel  at  the  completion 
of  the  abolishment,  according  as  the  same  shall  have  been 
gradual  or  at  o~e  time  within  such  State;  and  interest  shall 
begin  to  run  upon  any  such  bond  only  from  the  proper  time  of 
its  delivery  as  aforesaid,  and  afterward.  Any  State  having  re- 
ceived bonds  as  aforesaid,  and  afterward  introducing  or  tolera- 
ting slavery  therein,  shall  refund  to  the  United  States  the  bonds 
so  received,  or  the  value  thereof,  and  all  interest  paid  thereon. 

"  ARTICLE — .  All  slaves  who  shall  have  enjoyed  actual  free- 
dom, by  the  chances  of  the  war  at  any  time,  before  the  end  of 
the  rebellion,  shall  be  forever  free ;  but  all  owners  of  such,  who 
shall  not  have  been  disloyal,  shall  be  compensated  for  them  at 
the  same  rates  as  is  provided  for  States  adopting  abolishment 
of  slavery — but  in  such  a  way  that  no  slave  shall  be  twice 


62  EMANCIPATION: 

accounted  for. 

"  ARTICLE — .  Congress  may  appropriate  money,  and  other- 
wise provide  for  colonizing  free  colored  persons  with  their  own 
consent,  at  any  place  or  places  without  the  United  States." 

Thus  continuing  his  policy  for  gradual  Emancipa- 
tion, but  inasmuch  as  the  rebels  nor  the  border  States 
had  not  accepted  the  proffered  aid  of  the  Government 
as  set  forth  in  the  joint  resolution  of  Congress,  passed  in 
Aprilj  and  in  the  proclamation  of  Sept.  22rce?,this  Mess- 
age aimed  at  a.  finale  of  the  subject  so  far  as  the  nation- 
al Government  was  concerned,  and  puts  beyond  a  perad- 
venture  the  fact  that  Mr>  Lincoln  did  not  deem  his  au- 
thority to  emancipate  the  slaves  sufficient  to  secure  the 
slave  from  a  return  to  slavery,  hence  he  urges  an  a- 
mendment  to  the  Constitution.  Action  on  these  re- 
commendations was  not  taken  until  Dec.  1863,  one  year 
after  they  were  made. 

The  President  however  in  accordance  with  his 
proclamation  of  September  promising  to  free  the  slaves 
in  the  States  and  parts  of  States  in  rebellion  against  the 
1863.United  States,  on  the  1st  of  January  issued  the 
promised  proclamation  of  general  Emancipation, 
excepting,  however,  the  slaves  in  those  portions  of 
States  then  occupied  by  the  Union  forces,  and  also 
those  sections  where  the  people  were  loyal  to  the  un- 
ion of  the  states,  the  slaves  remained  as  though  the 
proclamation  had  not  been  issued.  Truly  this  procla- 
mation did  not,  like  the  surrender  of  Yorktown,  free 
a  single  slave,  nor  would  it  have  had  even  the  moral 


ITS   COURSE    AND    PROGRESS.  63 

force  given  it  it  received  but  for  the  fact,  that  the  South, 
ern  States  declared  themselves   independent,  and   en- 
gaged in  open  war  against  the  Federal  Government 
for  the  maintenance   of  their  declared   independence  ; 
only  for  this  assumption,   neither   the   President   nor 
Congress,  nor  the  loyal  people,  could  have  by  proclam- 
ation, amendment  to  the  constitution,  or  by  any  other 
means,  emancipated  the  slaves,  yet  how  surprising  it  is 
that  the  emancipation  of  the  American   Negro,   when 
referred  tojits  source,  its  credit  is  given  to  the  lamented 
Lincoln, — it  was  just  as  easy  for  the   President   to   de- 
clare a  victory  for  the  Union  army   as   to  declare  the 
slaves  in  the  enemy's  country  free.     But  it  is   riot   my 
purpose  to  discuss  this  proclamation,  which  admits   of 
more  than  ordinary  argument ;  nor  would  I  for   a    mo- 
ment either  directly  or  indirectly,  neither  by  word  or 
insinuation  attempt  to  detract  from   the   fame   of  the 
humane  and  illustrious  statesman,  the  benefactor  of  my 
race,   Abraham    Lincoln : — nevertheless,     we     should 
know  the  truth  concerning  so  important   an   event  as 
the  emancipation  of  four  million  of  slaves,  and  know, 
too,  that  the  proclamation  in  question  did  not  emanci- 
pate them.     Had  the  South   maintained   her  assumed 
independence  in  defiance  of  the   Federal  Government, 
what  would  the  edict  have  amounted  to?    Again,  had 
the  enemy  laid  down  their  arms  six  mouths  after   the 
edict  was   issued,  would  they  have   lost   their   slaves  ? 
It  must  be  remembered  that  Congress  recognized   slav- 
ery a  year  after  the  proclamation  was  issued,  and  treat- 


'64  EMANCIPATION : 

ed  with  the  owner  as  late  as  1864.  by  paying  one  hun- 
dred dollars  to  the  loyal  owners  for  every  slave  who  en- 
listed in  the  Union  army.  When  then,  and  how  came 
the  slaves  free?  Before  answering  these  questions,  let 
us  read  what- President  Lincoln  has  to  say  regarding 
the  proclamation.  It  must  be  remembered  that  the 
anti-emancipationists  of  the  country,  particularly  of  the 
West,  were  very  strongly  opposed  to  the  proclamation. 
Some  of  them  talked  of  advising  the  troops  in  the  fields 
to  throw  down  their  arms  unless  the  proclamation  was 
rescinded,  as  had  been  those  of  Fremont's  and  Hunter's. 
This  spirit  led  to  a  mass-meeting  of  the  unconditional 
Union  men  at  Chicago,  to  which  President  Lincoln 
was  invited  to  attend,  and  to  which  he  addressed  tne 
following  pungent  letter ; 

"EXECUTIVE  MANSION,  WASHINGTON,  Angust  26th,  iS6j. 
•'My  DEAR  SIR  : — Your  letter  inviting  me  to  attend  a  mass 
meeting  of  unconditional  Union  men,  to  be  held  at  the  capitol 
of  Illinois  on  the  third  day  of  September,  has  been  received. 
It  wolud  be  very  agreeable  to  me  thus  to  meet  my  old  friends 
at  my  own  home  ;  but  I  cannot  just  now  be  absent  from  this  city 
so  long  as  a  visit  there  would  require.  The  meeting  is  to  be 
of  all  those  who  maintain  unconditional  devotion  to  the  Union  ; 
and  I  am  sure  that  my  old  political  friends  will  thank  me  for 
tendering.as  I  do,  the  nation's  gratitude  to  those  other  noble  men 
•whom  no  partisan  malice  or  partisam  hope  can  make  false  to  the 
nation's  life.  There  are  those  who  are  dissatisfied  with  me.  To 
such  I  would  say  : — You  desire  peace,  and  you  blame  me  that  we 
do  not  have  it.  But  how  can  we  attain  it?  There  are  but  three  con- 
ceivable ways  : — First,  to  suppress  the  rebellion  by  force  of  arms. 
This  I  am  trying  to  do.  Are  you  for  it  ?  If  you  are,  so  far  we  are  a- 


ITS   COURSE   AND   PROGRESS.  65 

greed.      If  you  are  not  for  it,  a  second  way  is  to  give  up  the  Un- 
ion.    I  am  against  this.     If  you  are,  you  should  say  so,  plainly. 
If  you  are  not  for  force,  nor  yet  for  dissolution,  there   only  re- 
mains some  imaginable  compromise.    I  do  not  believe  that  any 
compromise  embracing  the  maintenance  of  the  Union  is  now 
possible,     All  that  1  learn  leads  to  a  directly  opposite   belief. 
The  strength  of  the  rebellion  is   its   military — its  army.     That 
army  dominates  all  the  country  and  all  the  people  within  its  range 
Any  offer  of  any  terms  made  by  any  man  or  men  within  that 
range  in  opposition  to  that  army  is  simply  nothing  for  the  pres- 
ent, because  such  man  or  men  have  no  power  whatever  to  en- 
force their  side  of  a  compromise,  if  one  were  made  with  them.  To 
illustrate  :  Suppose  refugees  from  the  South  and  peace   men  of 
the  North  get  together  in  convention,  and  frame  and   proclaim 
a  compromise  embracing  the  restoration  of  the  Union.    In  what 
way  can  that  compromise  be  used  to  keep  General  Lee's  army  out 
of  Pennsylvania  ?  General  Mead's  army  can   keep    Lee's  army 
out  of  Pennsylvania,  and  I  think  can  ultimately  drive  it  out  of 
existence.  But  no  paper  compormise  to  which  the  controllers  of 
General  Lee's  army  are  not  agreed,  can  at  all  affect  that  army. 
In  an' effort  at  such  compromise  we  would    waste  time  which 
the  enemy  would  improve  to  our  disadvantage,  and  that  would 
be  all.     A  compromise,  to  be   effective,   must  be   made   either 
with  those  who  control  the  rebel  army,  or  with  the  people,  first 
liberated   from  the  domination  of  that  army  by  the   success   of 
our  army.     Now,  allow  me  to  assure  you  that  no  word   or  inti- 
mation from  the  rebel  army,  or  from  any  of  the    men    control- 
ing  it,  in  relation  to  any  peace  compromise,  has   ever  come  to 
my  knowledge  or  belief.     All  charges  and    intimations  to  the 
contrary  are  deceptive  and  groundless.     And   I    promise  you 
that  if  such  proposition  shall  hereafter  come,  it  shall  not  be  re- 
jected and  kept  secret  from  you.     I  freely  acknowledge   myself 
to  be  the  servant  of  the  people,  according  to  the  bond    of  ser- 


66  EMANCIPATION : 

vice,  the  United  States  constitution  :  and  that,  as  such,  I  am 
responsible  to  them,  But.  to  be  plain:  You  are  dissatisfied 
with  me  about  the  negro.  Quite  likely  there  is  a  difference  of 
opinion  betwen  you  and  myself  upon  that  subject.  I  certain- 
ly wish  that  all  men  could  be  free,  while  you,  I  suppose,  do  not. 
Yet  I  have  neither  adopted  nor  proposed  any  measure  which  is 
not  consistent  with  even  your  view,  provided  y6u  are  for  the 
Union.  I  suggested  compensated  emancipation,  to  which  you 
replied  that  you  wished  not  to  be  taxed  to  buy  negroes.  But 
I  have  not  asked  you  to  be  taxed  to  buy  negroes,  except  in  such 
way  as  to  save  you  from  greater  taxation,  to  save  the  Union  ex- 
clusively by  other  means. 

"You  dislike  the  emancipation  proclamation,  and  perhaps 
would  have  it  retracted.  You  say  it  is  unconstitutional.  I  think 
differently.  I  think  that  the  constitution  invests  its  commander- 
in-chief  with  the  law  of  war  in  time  of  war.  The  most  that  can 
be  said,  if  so  much,  is,  that  the  slaves  are  propeny.  Is  there, 
has  there  ever  been,  any  question  that  by  the  law  of  war,  prop- 
erty both  of  enemies  and  friends,  may  be  taken  when  needed  ? 
And  is  it  not  needed  whenever  taking  it  helps  us  or  hurts  the 
enemy?  Armies,  the  world  over,  destroy  enemies' property  when 
they  cannot  use  it ;  and  even  destory  their  own  to  keep  it  from 
the  enemy.  Civilized  belligerents  do  all  in  their  power  to  help 
themselves  or  hurt  the  enemy,  except  a  few  things  regarded  as 
barbarous  or  cruel.  Among  the  exceptions  are  the  massacre 
of  vanquished  foes  and  non-combatants,  male  and  female.  But 
the  proclamation,  as  law,  is  valid  or  isnot  valid.  If  it  is  not  val- 
id it  needs  no  retraction.  If  it  is  valid  it  cannot  be  retract- 
ed, any  more  than  the  dead  can  be  brought  to  life.  Some  of 
you  profess  to  think  that  its  retraction  would  operate  favorbly 
for  the  Union.  Why  better  after  the  retraction  than  before  the 
issue  ?  There  was  more  than  a  year  and  a  half  of  trial  to  sup- 
press the  rebellion  before  the  proclamation  was  issued,  the  last 
one  hundred  days  of  which  passed  under  an  explicit  notice, 


ITS   COURSE    AND    PROGRESS.  67 

that  it  was  coming  unless  averted  by  those  in  revolt  returning 
to  their  allegiance.  The  war  has  certainly  progressed  as  favor- 
ably for  us  since  the  issue  of  the  proclamation  as  before.  I 
know  as  fully  as  one  can  know  the  opinion  of  others,  that  some 
of  the  commanders  of  our  armies  in  the  field,  who  have  given 
us  our  most  important  victories,  believe  the  emancipation  poli- 
cy and  the  aid  of  the  colored  troops  constitutes  the  heaviest 
blows  yet  dealt  to  the  rebellion,  and  that  at  least  one  of  those 
important  successes  could  not  have  been  achieved  when  it  was 
but  for  the  aid  of  black  soldiers.  Among  the  commanders  holding 
these  views  are  some  who  have  never  had  any  affinity  with  what 
is  abolitionism  or  with  the  'republican  party  politics.' — But  who 
hold  them  purely  as  military  opinions.  I  submit  theiropinions 
as  being  entitled  to  some  weight  against  the  objections  often 
urged  that  the  emancipation  and  arming  the  blacks  are  unwise 
as  military  measures,  and  were  not  adopted  as  such  in  good 
faith.  You  say  that  you  will  not  fight  to  free  negroes.  Some 
of  them  seem  to  be  willing  to  fight  for  you— but  no  matter.  Fight 
you,  then,  exclusively  to  save  the  Union.  I  issued  the  procla- 
mation on  purpose  to  aid  you  in  saving  the  Union.  Whenever 
you  shall  have  conquered  all  resistance  to  the  Union,  if  I  shall 
urge  you  to  continue  fighting,  it  will  be  an  apt  time  then  for 
you  to  declare  that  you  will  not  fight  to  free  negroes.  I  thought 
that  in  your  struggle  for  the  Union,  to  whatever  extent  the  ne- 
groes should  cease  helping  the  enemy,  to  that  extent  it  weak- 
ened the  enemy  in  his  resistance  to  you.  Do  you  think  differ- 
ently ?  I  thought  whatever  negroes  can  be  got  to  do  as  soldiers, 
leaves  just  so  much  less  for  white  soldiers  to  do  in  saving  the 
Union.  Does  it  appear  otherwise  to  you  ?  But  negroes,  like 
other  people,  act  upon  motives.  Why  should  they  do  anything 
for  us  if  we  will  do  nothing  for  them  ?  If  they  stake  their  lives 
for  us  they  must  be  prompted  by  the  strongest  motive,  even  the 
promise  of  freedom.  And  the  promise  being  made  must  be 
kept.  The  signs  look  better.  The  Father  of  Waters  again  goes 


68  EMANCIPATION: 

unvexed  to  the  sea.     Thanks  to  the  great   North-west  for  it. 
Not  jet  wholly  to   them.     Three  hundred    miles  up  they  met 
New  England,  Empire,  Keystone  and  Jersey,  hewing  their  way 
right  and  left.     The  sunny  South,  too,  in  more  colors  than  one, 
also  lert  a  hand.     On  the  spot  their   part  of  the   history  was 
jotted  down  in  black  and  white.     The  job  was  a  great   national 
one,  and  let  none  be  banned  who  bore  an  honorable  part  in  it; 
and,  while  those  who  have  cleared  the  great  river  may  well   be 
proud,  even  that  is  not  all.     It  is  hard  to  say  that  anything  has 
been  more  bravely  and  better  done    than   that    at   Antietam, 
Murfreesboro,  Gettysburg,  and  on   many  fields   of    less    note, 
Nor  must  Uncle  Sam's  webfleet  be  forgotten.     At  all  the  wa- 
ter's margins  they  have  been  present: — not  only  on  the  deep  sea, 
the  broad  bay  and  the  rapid  river,  but  also  up  the  narrow,  mud- 
dy bayou  ;  and  wherever  the  ground  was  a  little  damp  they  have 
been  and  made  their  tracks.     Thanks  to  all.     For  the  great  re- 
public— for  the  principles  by  which  it  lives   and   keeps    alive — 
for  man's  vast  future-- thanks  to  all.     Peace  does  not  appear  so 
far  distant  as  it  did.     I  hope  it  will  come   soon,  and   come  to 
stay  ;  and  so  come  as  to  be  worth  the  keeping  in  all  future  time. 
It  will  then  have  been  proved  that  among  freemen  there  can  be 
no  successful  appeal  from  the  ballot  to  the  bullet,  and  that  they 
who  take  such  appeal  are  sure  to  lose  their  case   and  pay  the 
cost.     And  then  there  will  be  some  black  men  who  can  remem- 
ber that,  with  silent  tongue,  and  clenched  teeth,  and  steady  eye 
and  well  poised  bayonet,  they  have  helped  mankind  on  to   this 
great  consummation  ;while  I  fear  that  there  will  be  some  white 
men  unable  to  forget  that  with  malignant  heart  and   deceitful 
speech  they  have  striven  to  hinder  it.     Still  let  us  not  be    over 
sanguine  of  a  speedy  final  triumph.   Let  us  be  quite  sober.     Let 
us  dilligently  apply  the  means,  never  doubting  that  a  just  God, 
in  his  own  good  time,  will  give  us  the  rightful  result. 

Yours  very  truly.  A,  LINCOLN./ 


ITS   COURSE   AND   PROGRESS.  69 

The  plea  which  Mr.  Lincoln  sets  up  for  the  valid- 
ity of  the  proclamation  is  doubtless  good,  that  he  had 
the  authority  to  do  anything  and  everything  as  Com- 
mander in  chief  of  the  Army  and  Navy  during  the 
war,  I  think  none  will  doubt,  but  had  he  the  right  in 
time  of  war  to  declare  what  should  be  in  time  of  peace  ? 
In  other  words,  if  he  took  Vallandigham's  mules  to 
prevent  them  being  used  against  the  Government  du- 
ing  the  war,  could  Yallandigham  claim  his  mules  when 
the  war  was  ended  ? 

Now  when  property  has  been  forfeited  on  account 
of  treason  or  rebellion  against  the  United  States,  does 
it  deprive  the  heirs  of  enjoying  that  property  after  the 
death  of  the  traitor  rebel  ?  There  are  very  many  the- 
ories regarding  the  validity  of  the  proclamation,  but  it 
must  be  seen  that  Mr.  Lincoln  did  not  regard  the  Ne- 
gro safe  in  emancipation.  The  Union  National  Conven- 
tion which  assembled  at  Baltimore  in  June,  and  at 
which  Mr.  Lincoln  was  renominated,  adopted  the  fol- 
lowing resolution  expressive  of  the  sentiments  of  the 
Union  people  of  the  country  :  Resolved,  that  as  slavery 
was  the  cause  and  now  constitutes  the  strength  of  this 
rebellion,  and  as  it  must  be  always  and  everywhere  hos- 
tile to  the  principles  of  republican  Government,  justice 
and  the  national  safety  demands  its  utter  and  complete 
extirpation  from  the  soil  of  the  republic;  and  that  we  up  - 
hold  and  maintain  the  acts  and  proclamations  by  which 
the  government,  in  its  own  defense  has  aimed  a  death 
blow  at  the  gigantic  evil.  We  are  in  favor,  furthermore 


70  EMANCIPATION : 

of  such  an  amendment  to  the  constitution,  to  be  made 
by  the  people  in  conformity  with  its  provision,  as  shall 
terminate  and  forever  prohibit  the  existence  of  slavery 
within  the  limits  or  the  jurisdiction  of  the  United 
States."  This  being  the  platform  upon  which  Mr. 
Lincoln  was  re-elected  with  a  new  Congress,  it  was  re- 
garded as  endorsing  the  emancipation  proclamation 
pledging  Congress  to  the  passage  of  the  XIII  amend- 
ment, rejected  by  the  last  Congress,  by  which  means 
the  Proclamation  might  be  made  valid.-  Congress  re- 
assembled in  December,  and  Mr.  Lincoln  in  his  mes- 
sage took  occasion  to  urge  the  passage  of  the  thirteenth 
amendment  in  this  language  ; 

"Without  questioning  the  wisdom  or  patriotism  of 
those  who  stood  in  opposition,  I  venture  to  recommend 
the  reconsideration  and  passage  of  the  measure  at  the 
present  session.  Of  course,  the  abstract  question  is  not 
changed  but  an  intervening  election  shows,  almost 
certainly,  that  the  next  Congress  will  pass  the  measure 
if  this  does  not.  Hence  there  is  only  a  question  of  time 
as  to  when  the  proposed  amendment  will  go  the  States 
for  their  action.  And,  as  it  is  to  so  go,  at  all  events, 
may  we  not  agree  that  the  sooner  the  better  ?  It  is 
not  claimed  that  the  election  has  imposed  a  duty  on 
members  to  change  their  views  or  their  votes,  any  furtb- 
er  than  as  an  additional  element  may  be  effected  by  it. 
It  is  the  voice  of  the  people  now,  for  the  first  time 
heard  upon  the  question,  in  a  great  national  crisis  like 
ours.  U  nanimity  of  action  among  those  seeking  a  com- 


ITS   COURSE    AND    PROGRESS.  71 

mon  end  is  very  desirable,  almost  indespensable.  And 
jet,  no  such  unanimity  is  attainable,  unless  some  def- 
erence shall  be  paid  to  the  will  of  the  majority  ;  in  this 
case,  the  common  end  is  the  maintenance  of  the  Union, 
and  among  the  means  to  secure  that  end,  such  will, 
-through  the  election,  be  most  clearly  declared  in  favor 
of  such  Constitutional  amendment." 

No  more  authoritative  statement  as  to  the  policy 
and  governmental  views  respecting  e  mar  citation  can 
possibly  be  given  than  that  given  by  a  member  of  Mr. 
Lincoln's  cabinet,  Sec'y  of  the  Navy,  Wells,  who  de- 
clares in  refutation  to  Mr.  Adam's  statement,  who,  in 
his  memorial  address,  on  the  life,  service  and  character 
of  the  late  Secretary  of  State  Seward,  gives  Mr.  Sew- 
ard  credit  for  the  administration  policy  : 

"  The  distinctive  measure  of  Mr.  Lincoln's  admin, 
istration,  beyond  all  others  that  which  makes  it  an  era  in 
our  national  history — is  tne  decree  of  emancipation. 
This  movement,  almost  revolutionary,  was  a  step  not 
anticipated  by  him  when  elected,  and  which  neith- 
er he  nor  any  of  his  cabinet  was  prepared  for,  or  would 
have  assented  to  when  they  entered  upon  their  duties. 
He  and  they  had — regardless  of  party  discipline — re- 
sisted the  schemes  for  the  extention  of  slavery  into  free 
territory  under  the  sanction  of  federal  authority.  All 
of  them,  though  of  different  parties,  were  and  ever  had 
been  opposed  to  slavery — but  not  one  of  them  favored 
any  interference  with  it  by  the  national  government 
in  the  States  where  it  was  established  or  permitted." 


72  EMANCIPATION  : 

Not  from  any  question  of  expediency  but  adhering 
to  the  belief  that  the  Executive  nor  Congress  had  not 
the  authority  to  do  so,  what  then  caused  Mr.  Lincoln 
to  issue  the  proclamation  while  yet  holding  to  those 
views ;  was  he  an  instrnment  of  Divine  will  ? 

"Prof.  Haygood,  in  his  excellent  work,  "Our  Broth  " 
in  Black"  says,  under  the  captain  of  "Providence  in 
Emancipation,"  "There  can  be,  no  question,  I  think, 
b"ut  that  emancipation  was  set  down  in  the  order  of 
Divine  Providence.  Had  the  white  people  realized 
both  in  thought  and  act,  their  relation  to  the  slaves, 
emancipation  might  have  come  sooner,  it  might  have 
come  later,  but  it  would  have  come  peaceably,  and 
when  both  masters  and  slaves  were  better  prepared  for 
the  change.  It  is  to  me  a  very  painful  thought  that, 
while  there  were  very  many  noble  exceptions,  the  ma- 
jority of  masters  never  understood  the  solemity  of  their 
trust  in  the  temporary  guardianship  of  these  Negroes 
in  course  of  training.  Many  of  them,  I  fear  the  larg- 
est number,  recognized  chiefly  a  property  interest  in ' 
the  Negroes.  Men  with  this  feeling  uppermost,  could 
not  do  their  duty  to  the  slaves.  But  Grod's  plans  must 
not  be  marred  by  human  ignorance  or  stupidity ;  so 
that  it  came  to  pass  that  God  used  a  great  war  to  set 
free  the  Negroes." 


ITS   COUP.8E   AND   PROGRESS.  7& 

How  the  Negro  regarded  the  proclamation  is  not 
difficult  to  tell,  and  perhaps  the  observation  of  one  of 
Mr.  Lincoln's  staunchest  supporters  and  advisers,  may 
serve  to  illustrate  more  clearly  than  I  can,  how  the  Ne- 
gro and  his  abolition  friends  were  affected  by  it.  "  The 
slaves,"  he  says,  "  of  the  South,  seem  to  have  made  no 
mistake  as  to  their  status.  They  knew  they  were  not 
free  while  their  masters  held  them  and  the  territory. 
They  looked  to  the  gun  boats  and  the  stars  and  stripes,, 
and  regarded  the  proclamation  only  as  a  promise  which 
would  fail  or  be  made  good  according  to  the  issue  of  the 
war.  As  to  the  people  of  the  North,  they  were  in  no 
humor  to  "  reason  too  precisely  upon  the  event.  "  They 
were  impatient  under  the  existing  policy  and  looked 
for  a  change ;  they  saw  that  change  in  the  proclamation , 
and  cared  little  in  what  form  it  came,  or  what  else  it  un- 
dertook to  do..  They  had  been  disgusted  by  the  advice 
that  had  been  offered  them  on  constitutional  questions 
by  over-technical  or  semi-loyal  men.  Jurists  had  advised 
that  the  Prize  Courts  were  unconstitutional,  that  na 
property  could  be  taken,  at  sea  or  on  land,  except 
in  the  way  of  penalty  for  treason,  after  a  jury  trial. 
We  could  not  blockade  our  own  ports;  that  though  an 
army  and  militia  were  constitutional,  volunteers  and 
conscriptions  were  not;  and  at  the  bottom  of  all,  that 
the  Eepublic  could  not  coerce  a  State.  It  is  little  won- 
der, therefore,  that  they  were  impatient  of  any  criti- 
cism upon  the  proclamation.  On  the  other  hand,  un- 
questionable patriots,  educated  in  a  narrow  school  of 


74  EMANCIPATION : 

strict  construction were  telling  the  people  that 

the   only    way   to   save   the  Union   was   to   run   the 
Constitution  ashore. 

Fortunately,  the  proclamation  was  never  brought  to 
a  test.  There  can  be  little  doubt  that  Foreign  States 
and  our  own  J  udiciary  would  have  treated  it  as  ineffect- 
ual." 

Congress,  in  1867,  passed  an  act  making  valid  and 
conclusive  all  Proclamations  that  had  been  issued  be- 
tween March,  1861  and  July,  1866.  As  to  whether  or 
not  Congress  would  pass  unnecessary  laws,  is  to  be  in- 
ferred, judging  of  the  value  of  the  President's  Procla- 
mation, in  the  eye  of  the  law,  then  existing;  however 
many  suits  since  the  war  closed  and  at  the  time  the 
act  was  passed,  were  pending  in  the  Courts,  which  in- 
volved the  question  of  legality  of  Proclamations  issued 
during  the  war,  and  in  order  to  give  validity  to  them, 
Congress  passed  the  act  cited. 

A  writer  in  the  North  American  Review  No  289,  in 
a  wide  and  searching  article  on  "  The  Validity  of  the 
Emancipation  Edict"  says : 

"That  slavery  has  been  abolished  it  is  presumed  no  one  will 
gainsay.  If  abolished,  when  did  it  cease  ?  Did  emancipation 
take  place  when  the  rebel  armies  capitulated  ?  Nothing  was 
said  about  slavery  when  Lee  surrendered.  Did  it  take  effect  at 
some  period  subsequent  to  the  day  of  surrender  ?  For  reasons 
previously  stated  it  could  not  have  taken  effect  at  a  subsequent 
date.  Did  it  not  take  effect  when  President  Lincoln,  acting  for 
the  Federal  Government,  intended  \\.  should  take  effect,  on  Janu- 


ITS   COURSE   AND   PROGRESS.  75 

ary  i,  1863  ?   Or  did  the  thirteenth  amendment  abolish  slavery? 
This  amendment  declares : 

'  Neither  slavery  nor  involuntary  servitude,  except  as  a  pun- 
ishment for  crime,  whereof  the  party  shall  have  been  duly  con- 
victed, shall  exist  within  the  United  States,  or  any  place  subject 
to  their  jurisdiction.  ' 

This  amendment  was  submitted  by  Congress  to  the  Legis- 
latures, February  i,  1865.  Secretary  Seward  certified,  De- 
cember 1 8,  1865,  that  it  had  been  duly  ratified  by  twenty-seven 
of  the  thirty-six  States.  Did  slavery  exist  in  the  United  States 
after  the  Proclamation  of  Emancipation  and  up  to  the  time  of 
ratifying  the  amendment?  Such  a  supposition  is  impossible. 
Relatively  considered.there  was  no  more  authority  for  the  amend- 
ment than  for  the  proclamation,  Both  depended  and  depend 
for  their  validity  upon  the  fact  of  their  ratification.  The  a- 
mendment  was  ratified  by  the  Legislature  of  the  States  in  the 
manner  prescribed  by  the  Constitution.  The  J)rpclarnation 
was  ratified  according  to  military  warfare  by  the  surrender  at 
Appomattox.  Each  depended  and  depends  for  its  efficacy 
upon  the  power  of  the  people  of  the  United  States  to  maintain 
their  provisions.  The  thirteenth  amendment  was  not  neces- 
sary  to  the  abolition  of  the  status  of  slavery.  It  performed 
the  office  of  an  entry  on  the  journal  of  the  court  after  the  trial, 
charge  of  the  court,  and  verdict  of  the  jury — a  very  fitting  meth- 
od of  perpetuating  the  issue  decided. 

The  United  States  Supreme  Court  has  thrown  light  upon 
the  question  as  to  when  military  proclamations  of  the  President 
are  to  be  considered  as  having  taken  effect.  In  a  leading 
case  the  proclamation  was  one  removing  restrictions  upon  trade 
and  commerce.  It  bore  date  June  24,  1865.  It  was  not 
published  until  June  27,  1865 — three  days  later.  A  divided 
Court  held  that  the  proclamation  took  effect  as  of  its  date. 
The  dissenting  opinion  contended  it  could  not  take  effect  until 


76  EMANCIPATION  I 

publication — the  reasoning  of  both  sides  of  the  Court  being 
based  upon  the  ground  that  proclamations  of  the  President 
were  like  statutes  in  their  nature. 

The  most  authoritative  decision  of  the  Supreme  Court,  and 
the  one  nearest  related  to  the  Proclamation  of  Emancipation, 
occurs  in  the  opinion  rendered  in  the  famous  "  Slaughter-House 
Cases.  "  The  proclamation  was  not  directly  in  questionTancT  ' 
therefore  what  is  said  by  the  Court  in  regard  thereto  is  in  its 
character  obiter  dictum.  It  is  not  out  of  place  to  give  a  brief 
quotation.  The  thirteenth  and  fourteenth  amendments  were  be- 
fore the  Court  for  construction.  The  Court  say  :  "  In  that 
struggle  [  the  war  of  the  rebellion  ]  slavery,  as  a  legalized,  social 
relation,  perished.  It  perished  as  a  necessity  of  the  bitterness 
and  force  of  the  conflict.  When  the  armies  of  freedom  found 
themselves  upon  the  soil  of  slavery,  they  could  do  nothing  less 
than  free  the  poor  victims  whose  enforced  servitude  was  the 
foundation  of  the  quarrel.  And  when,  hard  pressed  in  the 
contest,  these  men  ( for  they  proved  themselves  men  in  that 
terrible  crisis)  offered  their  services  and  were  accepted  by  thou- 
sands to  aid  in  suppressing  the  unlawful  rebellion,  slavery  was 
at  an  end  wherever  the  Federal  Government  succeeded  in  that 
purpose.  The  proclamation  of  President  Lincoln  expressed 
an  accomplished  fact  as  to  a  large  portion  of  the  insurrection- 
ary districts  when  he  declared  slavery  abolished  in  them  all. 
But  the  war  being  Qver,  those  who  had  succeeded  in  reestablish- 
ing  the  authority  cf  the  Federal  Government  were  not  content 
to  permit  this  great  act  of  emancipation  to  rest  on  the  ;ictu;il 
results  of  the  contest,  or  the  proclamation  of  the  Executive, 
both  of  which  might  have  been  questioned  in  after-times,  and 
they  determined  to  place  this  main  and  most  valuable  result  in 
the  Constitution  of  the  restored  Union  as  one  of  its  fundamen- 
tal articles.  Hence  the  thirteenth  article  of  amendment  of 
that  instrument.  " 


ITS   COURSE   AND    PROGRESS.  77 

It  is  very  interesting  in  this  connection  to  know  how  the 
proclamation  has  been  construed  and  regarded  by  the  Supreme 
Courts  of  these  States  in  rebellion — the  States  immediately  af- 
fected by  it.  As  might  be  expected,  the  proclamation  has 
been  before  those  Courts  for  construction.  A  careful  exami- 
nation of  all  the  reports  of  those  States,  issued  since  the  rebel- 
lion, discloses  that  the  proclamation  has  been  passed  upon  di- 
rectly or  indirectly  in  all  of  these  Courts.  Generally  speaking, 
the  effect  of  the  proclamation  has  been  considered  indirectly,  in 
connection  with  other  questions,  so  that  the  cases  are  few  where 
the  Court  has  passed  upon  the  proclamation  directly.  Some 
of  the  Courts  have  made  decisions,  bearing  upon  it,  and  then 
have  reconsidered  their  decisions,  leaving  the  question  open. 
All  of  the  Courts  recognize,  without  qualification,  that  slavery 
has  been  abolished.  According  to  the  latest  decisions,  it  is 
held  in  Georgia  that  it  is  unnecessary  to  decide  when  slavery 
was  abolished.  In  Mississippi,  say  the  Court,  "  It  has  not  yet 
[  1870]  been  adjudicated  by  the  Courts  of  this  State  at  what  pre- 
cise time  slavery  was  abolished. "  In  South  Carolina  and 
Virginia  the  Courts  have  distinctly  held  that  slavery  was  not  a 
bolished  by  the  Emancipation  Proclamation,  but  that  emanci- 
pation was  brought  about  by  the  war  and  by  conquest.  The 
Supreme  Court  of  Louisiana  hes  expressly  decided  that  slavery 
was  abolished  by  the  Emancipation  Proclamation  as  of  its  date, 
January  i,  1863.  In  JTexas,  the  precise  question  arose  in  "The 
Emancipation  Cases,  "  decided  in  1868.  The  Court  were  divid- 
ed in  opinion — three  holding  that  slavery  was  not  abolished  by 
the  proclamation.  Two  of  the  judges  held  that  slavery  -was 
abolished  by  the  proclamation,  as  of  January  i,  1863.  The 
dissenting  opinion  of  Mr.  Justice  Hamilton  in  this  case  is  a  re- 
markable exhibition  of  learning,  logic  and  legal  acumen.  The 
majority  opinion  in  this  case  was  subsequently  questioned,  and 
the  date  of  emancipation  is  now  an  open  one  in  Texas.  The 


78  EMANCIPATION : 

Supreme  Court  of  Alabama  has  delivered  the  clearest  decision 
of  all,  to  the  effect  that  slavery  was  abolished  January  i,  i863,by 
the  proclamation.  The  Court  held:  "The  emancipation  of 
slaves  in  this  State  is  a  fact  which  will  be  judicially  noticed  by 
the  Courts,  and  it  must  be  referred  to  some  particular  date.  It 
was  effected  by  the  nation  and  not  by  the  State.  The  only 
national  act  that  decreed  it  was  the  proclamation  of  the  Presi  - 
dent,  of  the  \st  of  January,  1863.  The  struggle  afterward  was 
merely  an  effort  to  prevent  the  proclamation  from  being  carried 
into  effect,  and  the  total  failure  of  the  struggle  refers  emancipa- 
tion back  to  that  date. "  The  question  afterward  arose  in  this 
Court,  when  the  date  of  emancipation  seemed  to  be  questioned, 
although  this  decision  was  reaffirmed.  But  Mr.  Justice  Peters 
delivered  a  dissenting  opinion,  rearguing  for  the  full  validity 
and  effect  of  the  proclamation  as  of  its  date.  His  opinion 
displays  great  learning  and  good  sense.  In  support  of  his  rea- 
soning he  cites  the  case  of  Me  Ilvaine  vs.  Coxe,  decided  by  the 
United  States  Supreme  Court,  where  it  was  held  that  the  De- 
claration of  Independence  took  effect  as  of  its  date;  July  4,  1776, 
instead  of  September  3,  1783,  when  independence  was  officially 
recognized. 

Viewed  as  to  its  results,  the  Emancipation  Proclamation 
was  an  overshadowing  and  glorious  success.  It  united  the 
friends  of  the  Union.  It  threw  into  despairing  forces  new 
life.  It  brought  into  the  armies  of  the  Union  as  by  magic  one 
hundred  and  eighty  thousand  soldiers  from  the  enfranchised  race. 
It  was  the  death-blow  to  slavery,  not  only  in  the  sections  em- 
braced in  the  proclamation,  but  in  the  other  slave-holding 
States,  for  these  other  slave-holding  States  at  once  proceeded 
to  adopt  constitutional  amendments  abolishing  slavery.  It 
was  a  finishing  stroke  to  the  rebellion.  Without  the  procla- 
mation, is  it  not  safe  to  presume  that  the  Union  would  have 
perished? 

Therefore  are  these  conclusions  irresistible :  that  President 


ITS  COURSB   AND   PROGRESS.  79^ 

Lincoln's  Emancipation  Proclamation  was  not  contrary  to  inter- 
national law  ;  that  by  its  own  force  it  abolished  slavery  as  of  the 
date  on  which  it  was  issued,  viz. ,  January  i,  1863  ;  that  it  was  in 
the  strictest  sense  constitutional ;  and  that  no  constitutional   a- 
mendment  was  necessary  to  make  the  proclamation  valid  or  ef- 
fectual, or  to  abolish  the  status  of  slavery. 
..1(jjThe  immortal  Lincoln  was  in   no   sense  a  smatterer.     He 
was  a  profound   reasoner.     He  was  learned   in  the  law.     He 
studied  and  understood  the  Constitution  of   his    country.     He 
did  not  issue  proclamations  for  sport,  or  to  be  hooted  at.     He 
did  not  toy  with  the  mighty  concerns  of  a  republic.     His  every 
act  was  governed  by  the  sincerest  convictions  guided   by  con- 
science. He  was  eminently  a  statesman.  Patriotism  and  heroism 
were  his  crowning  virtues.     Whatever  he  did  as  President  was 
done  "to  save  the  Union.  " 

Edward  Everett,  at  the  great  Emancipation  meet- 
ing in  Faoeuil  Hall,  Boston,  in  a  lengthy  and  forcible 
speech,  said :  "  It  is  very  doubtful  whether  any  act  of 
the  government  of  the  United  States  was  necessary  to 
liberate  the  slaves  in  a  State  which  is  in  Rebellion. 
There  is  much  reason  for  the  opinion  that,  by  the  simple 
act  of  levying  war  against  the  United  States,  the  rela- 
tion of  slavery  was  terminated  ;  certainly  so  far  as  con- 
cerns the  duty  of  the  United  States  to  recognize  it,  or  to 
refrain  from  interfering  with  it.  Not  being  founded  on 
the  law  of  nature,  and  resting  solely  on  positive  local 
law,  and  that  not  of  the  United  States— as  soon  as  it 
becomes  either  the  motive  or  pretext  of  an  unjust  war 
against  the  Union, — an  efficient  instrument  in  the 
hands  of  the  rebels  for  carrying  on  the  war, — a  source  of 


80  EMANCIPATION : 

military  strength  to  the  Rebellion  and  of  danger  to  the 
Government  at  home  and  abroad  ;  with  the  additional 
certainty  that  in  any  event  but  its  abandonment,  it  will 
continue  in  all  future  times  to  work  these  mischiefs. 
"Who  can  suppose  it  is  the  duty  of  the  United  States  to 
continue  to  recognize  it?  To  maintain  this  would  be  a 
contradiction  in  terms.  It  would  be  to  recognize  a 
right  in  a  rebel  master  to  employ  his  slaves  in  acts  of 
rebellion  and  treason  ;  and  the  duty  of  the  slave  to  aid 
and  abet  his  master  in  the  commission  of  the  greatest 
-crime  known  to  the  law.  No  such  absurdity  can  be 
admitted  ;  and  any  citizen  of  the  United  States,  from 
the  President  down,  who  should  by  any  overt  act,  rec- 
ognize the  duty  of  a  slave  to  obey  a  rebel  master,  in  a 
hostile  operation,  would  himself  be  giving  aid  and 
oomfort  to  the  enemy." 

Prof.  James  C.  Welling,  in  his  opinion  regarding 
the  proclamation  as  extra  Constitutional,  exhausts  the 
subject  of  its  validity,  from  a  stand  point  of  Constitu- 
tional and  international  law — in  conclusion  he  says: 

"  I  pass  to  consider  the  force  and  effect  of  the  Proclamation 
viewed  in  the  light  of  constitutional  and  of  public  law.  And 
here,  again,  it  is  necessary  to  guard  against  a  confusion  of  ideas. 
The  question  at  issue  does  not  concern  the  right  of  a  belliger- 
ent to  liberate  slaves,  flagrante  bcllo,  by  military  order  accom- 
panied with  manucaption,  or  the  right  to  enlist  such  liberated 
slaves  in  his  army,  so  long  as  the  war  lasts.  The  employment 
of  colored  troops,  as  has  been  shown,  did  not  depend  on  the  e- 
mancipation  Proclamation,  for  the  President  was  opposed  to 
the  arming  of  negroes  when  he  first  embarked  on  his  emanci- 


ITS   COURSE   AND   PROGRESS.  81 

pation  policy.  The  questions  presented  by  the  Proclamation 
of  January  i,  1863,  in  the  shape  actually  given  to  it  by  Mr.  Lin- 
coln, are  these: 

Firstly.  Had  the  President  of  the  United  States,  in  the 
exercise  of  his  war  powers,  a  right,  under  the  Constitution  and 
by  public  law,  to  decree,  on  grounds  of  military  necessity,  the 
e  mancipation  and  perpetual  enfranchisement  of  slaves  in  the 
insurgent  States  and  parts  of  States? 

Secondly.  Did  such  proclamation  work,  by  its  own  vigor, 
the  immediate,  the  unconditional,  and  the  perpetual  emancipa- 
tion of  all  slaves  in  the  districts  affected  by  it? 

Thirdly.  Did  such  proclamation,  working  proprio  vtgore, 
not  only  effect  the  emancipation  of  all  existing  slaves  in  the  in- 
surgent territory,  but,  with  regard  to  slaves  so  liberated,  did  it 
extinguish  the  status  of  slavery  created  by  municipal  law,  inso- 
much that  they  would  have  remained  forever  free,  in  fact  and 
law  provided  the  Constitution  and  the  legal  rights  and  relations 
of  the  States  under  it  had  remained,  on  the  return  of  peace, 
what  they  were  before  the  war? 

Unless  each  and  all  of  these  questions  can  be  answered  in 
the  affirmative,  the  Emancipation  Proclamation  was  not  author- 
ized by  the  Constitution  or  by  international  law,  and  so  far  as 
t  hey  must  be  answered  in  the  negative  it  was  brutum  fulmen. 
It  remains,  then,  to  make  inquiry  under  each  of  these  heads: 

i.  As  everybody  admits  that  the  President,  in  time  of 
peace  and  in  the  normal  exercise  of  his  constitutional  preroga- 
tives, had  no  power  to  emancipate  slaves,  it  follows  that  the 
right  accrued  to  him,  if  at  all,  from  the  war  powers  lodged  in 
his  hands  by  public  law  when,  as  Commander-in-Chief  of  the 
army  and  navy,  he  was  engaged  in  a  life-and-death  struggle 
with  insurgents,  whose  number,  power,  and  legal  description, 
gave  them  the  character  of  public  enemies.  It  is,  therefore, 
to  public  law,  as  enfolded  in  time  of  war  and  for  war  purposes 


82  EMANCIPATION 

in  the  bosom  of  the  Constitution,  that  we  are  primarily  to  look 
for  the  authority  under  which  the  President  assumed  to  act. 

Of  international  law  no  less  can  be  said  than  has  been  said 
by  Webster:  "  If,  for  the  decision  of  any  question,  the  proper 
rule  is  to  be  found  in  the  law  of  nations,  that  law  adheres  to  the 
subject.  It  follows  the  subject  through,  no  matter  into  what 
place,  high  or  low.  You  can  not  escape  the  law  of  nations  in  a 
case  where  it  is  applicable.  The  air  of  every  judicature  is  full 
of  it.  It  pervades  the  courts  of  law  of  the  highest  character, 
and  the  court  of  pie  poudre,  ay,  even  the  constable's  court.  " 

This  international  law,  with  all  its  belligerent  rights,  was 
everywhere  present  as  a  potent  force  in  the  civil  war  between 
the  United  States  and  the  Confederate  States,  so  soon  as  that 
war  had  assumed  such  character  and  magnitude  as  to  give  the 
United  States  the  same  rights  and  powers  which  they  might  ex- 
ercise in  the  case  of  a  national  or  foreign  war,  and  everybody 
admits  that  it  assumed  that  character  after  the  act  of  Congress 
of  July  13,  1 86 1.  But  international  law,  in  time  of  war,  is  pres- 
ent with  its  belligerent  obligations  as  well  as  with  its  belligerent 
rights,  and  what  those  obligations  are  is  a  matter  of  definite 
knowledge  so  far  as  they  are  recognized  and  observed  in  the 
conduct  and  jurisprudence  of  civilized  nations. 

The  law  of  postliminy,  according  to  which  persons  or  things 
taken  by  the  enemy  are  restored  to  their  former  state  when  they 
come  again  under  the  power  of  the  nation  to  which  they  for- 
merly belonged,  was  anciently  held  to  restore  the  rights  of  the 
owner  in  the  case  of  a  slave  temporarily  affranchised  by  milita- 
ry capture.  And,  if  it  be  admitted  that,  as  regards  slaves,  this 
fiction  of  the  Roman  law  has  fallen  in  desuetude  under  the  pres- 
ent practice  of  nations,  it  is  none  the  less  true  that  the  Govern- 
ment of  the  United  States  has  earnestly  contended,  in  its  in- 
tercourse with  other  nations,  for  the  substantial  principle  on 
which  the  rule  is  based.  We  insisted  on  restoration  or  restitu^ 


ITS  COURSE   AND  PROGRESS.  83- 

tion  in  the  case  of  all  slaves  emancipated  by  British  command- 
ers in  the  War  of  i8i2-'i5,  and  the  justice  of  our  claim  under 
the  law  of  nations  was  conceded  by  Great  Britain  when  she 
signed  the  Treaty  of  Ghent,  and  when,  on  the  arbitration  of 
Russia,  she  paid  a  round  sum,  by  way  of  indemnity,  to  be  dis- 
tributed among  the  owners  of  slaves  who  had  been  despoiled 
of  their  slave  property.  In  the  face  of  a  precedent  so  set  and  so 
adjucated  by  these  great  powers  acting  under  the  law  o?  nations 
(and  one  of  them  subsequently  known  as  the  leading  anti-slavery 
power  of  the  civilized  world,  )  it  would  seem  that,  as  a  question 
of  law,  the  first  interrogatory  must  be  answered  in  the  negative. 
Slaves  temporarily  captured  to  weaken  the  enemy  and  to  con- 
quer a  peace  are  not  lawful  prize  of  war  by  military  proceeings 
alone — proclamation,  capture,  and  deportation.  The  more  ful- 
ly it  be  conceded  that  international  law,  in  time  and  fact  of  war, 
knows  the  slave  only  as  a  person,  the  more  fully  must  it  be  con- 
ceded that  this  law,  by  purely  military  measures,  can  take  no 
cognizance  of  him  as  a  chattel,  either  to  preserve  or  to  destroy 
the  master's  property  right  under  municipal  law.  It  leaves  ques- 
tions about  the  chattel  to  be  settled  in  another  forum,  and  by 
another  judicature  than  the  wager  of  battle. 

Nor  does  it  help  the  matter  to  say  that  in  a  territorial  civil 
war  the  Federal  Government  is  clothed  with  the  rights  of  a  con- 
stitutional sovereign  in  addition  to  those  of  a  belligerent ;  for, 
though  this  statement  is  entirely  true,  it  is  not  true  that  both 
of  these  jurisdictions  apply  at  the  same  time,  or  that  it  is  law- 
ful to  import  the  methods  and  processes  of  the  one  into  the  do- 
main of  the  other.  A  government,  for  mstance,  may  proceed 
against  armed  rebels  by  the  law  of  war — killing  them  in  battle 
if  it  find  them  in  battle  array ;  by  public  law,  confiscating  their 
property;  by  sovereign  constitutional  law,  condemning  them  to 
death,  for  treason,  after  due  trial  and  conviction.  But  each  of 
these  proceedings  moves  in  a  sphere  of  its  own,  and  the  methods 


84  EMANCIPATION : 

of  the  one  sphere  can  not  be  injected  into  the  sphere  of  the  oth- 
er. It  would,  for  example,  be  a  shocking  violation  of  both  con- 
stitutional and  public  law  to  shoot  down  insurgent  prisoners  of 
war,  in  cold  blood,  because  they  were  "  red-handed  traitors," 
and  because  they  might  have  been  lawfully  killed  in  battle. 
The  military  capture  of  a  slave  and  the  confiscation  of  the 
owner's  property  rights  in  him  fall  under  separate  jurisdictions, 
and  they  can  not  both  be  condensed  into  the  hands  of  a  military 
commander  any  more  than  into  the  hands  of  a  judge. 

2.  No  principle  of  public  law  is  clearer  than  that  which 
rules  the  war  rights  of  a  belligerent  to  be  correlative  and  com- 
mensurate only  with  his  war  powers.  "  To  extend  the  rights  of 
military  occupation  or  the  limits  of  conquest  by  mere  intention, 
implication,  or  proclamation,  would  be,"  says  Halleck,  "estab- 
lishing a  paper  conquest  infinitely  more  objectionable  in  its 
character  and  effects  than  a  paper  blockade."  It  is  only  so  far 
as  and  so  fast  as  the  conquering  belligerent  reclaims  "  enemy  ter- 
ritory "  and  gets  possession  of  "  enemy  property  "  that  his  bel- 
ligerent rights  attach  to  either.  And  hence,  when  Mr.  Lincoln, 
on  the  ist  of  January,  1863  assumed  authority,  in  the  name  of 
"  military  necessity,"  but  without  the  indispensable  occupatio 
bellica,  to  emancipate  slaves  in  the  territory  held  by  the  enemy, 
he  contravened  a  fundamental  principle  of  the  public  law — a 
principle  equally  applicable  to  the  relations  of  a  territorial  civil 
war  and  of  a  foreign  war.  It  is  important  to  observe  that  where 
this  principle  was  guarded  by  the  rights  and  interests  of  foreign 
nations,  as  in  the  case  of  the  Southern  ports  of  entry  while  they 
were  under  the  power  of  the  Confederate  authority,  it  was 
sacredly  respected  by  our  Government.  And  in  the  lights  of 
this  doctrine  it  follows  that  the  second  of  the  questions  formu- 
lated above  must  also  be  answered  in  the  negative  ;  for  as  to 
large  parts  of  the  South  Mr.  Lincoln  had  no  de  facto  power 
when  he  assumed  to  liberate  slaves  both  de  facto  and  de  jure 
within  all  the  "enemy  territory"  at  that  date. 


ITS   COURSE   AND   PEOGRESS.  85 

3.  Since  the  decision  of  Lord  Stowell  in  the  case  of  the 
slave  Grace,  it  has  been  an  accepted  doctrine  of  jurisprudence 
that  the  slave  character  of  a  liberated  slave — liberated  by  resid- 
ing on  free  soil — is  redintegrated  by  the  voluntary  return  of 
such  slave  to  the  country  of  the  master.  Unless,  therefore,  the 
Proclamation  of  Freedom  is  held  to  have  extinguished  the 
status  of  slavery  in  the  States  and  parts  .of  States  affected  by  it, 
it  would  have  conferred  a  very  equivocal  boon  on  its  beneficia- 
ries. For,  unless  the  municipal  law  of  slavery  were  wiped  out 
by  tne  Proclamation,  and  by  conquest  under  it,  what  prevented 
a  reenslavement  of  such  emancipated  blacks  as  should  return  to 
their  homes  after  the  war  ?  And  this  fact  was  made  apparent 
to  Mr.  Lincoln  and  to  the  whole  country  as  soon  as  an  occasion 
arose  for  bringing  the  matter  to  a  practical  test. 

It  was  seen  that  the  emancipation  of  individual  slaves  even 
of  all  individual  slaves  in  the  insurgent  States,  was  worth  noth- 
ing without  an  abandonment  of  slavery  itself — of  the  municipal 
status  in  which  the  slave  character  was  radicated,  and  in  which 
it  might  be  planted  anew  by  a  voluntary  return  to  the  slave  soil. 
It  was  seen,  too,  that  the  Proclamation  of  Freedom,  considered 
as  a  military  edict  addressed  to  "  rebels  in  arms,"  had  created  a 
misjoinder  of  parties  as  well  as  a  misjoinder  of  issues,  for  the 
authority  which  controlled  the  Confederate  armies  was  not 
competent  to  "abandon  slavery"  in  the  insurgent  States, 
though  it  was  competent  to  restore  "peace  and  union  "  by  sim- 
ply desisting  from  further  hostilities.  A  misjoinder  of  issues 
was  also  created,  for  each  State,  under  the  Constitution  as  it 
stood,  had  a  right,  in  the  matter  of  slavery,  to  order  and  con- 
trol its  own  domestic  institutions  according  to  its  own  judg- 
ment exclusively ;  and  the  nation,  by  the  conquest  of  its  own 
territory,  "could  acquire  no  new  sovereignty,  but  merely  main- 
tain its  previous  rights."  The  Proclamation  proposed  to  leave 
the  institution  of  slavery  undisturbed  in  certain  States  and  parts 


86 


EMANCIPATION : 


of  States,  while  destroying  it  in  certain  other  States  and   parts 
of  States.     Hence,  on  the  supposition   that  the  paper  was  to 
have  full  force  and  effect  after  the  war,  while  our  civil  polity  re- 
mained the  same,  a  new  distribution  of  powers  as  between  cer- 
tain States  and  parts  of  States  on  the  one  hand,  and  the  Feder- 
al Goverment  on  the  other,  would  have  been  created   by  edict 
of  the  Executive.     Without  any  express  change  in  the  Constitu- 
tion of  the  United  States,  and  without  any  express  charige   in 
the  constitutions  of  the  insurgent  States,  the  status  of  persons 
-on  one  side  of  a  State  line,  or  even  on  one  side  of  a  county  line, 
would  have  depended  on  municipal  law ;  on  the   other  side   of 
such  State  or  county  line  it  would  have  depended  on  a  military 
decree  of  the  President.     In  this  strange  mixture  of  what  Taci- 
tus calls  "  res  dissociabiles — principatum  ac  libertatem,"  it  would 
have  been  hard  to  tell  where  the  former  ended  and  the  latter 
began ;  and  to  suppose  that   the  civil   courts,   in  the  ordinary 
course  of  judicial  decision,  could  have  recognized  such  anoma- 
lies, while  the  rights  of  the  States  under  Constitution  were  still 
defined  by  that  instrument,  is   to   suppose  that  judges   decree 
justice  without  law,  without   rule,   and  without  reason.     It   is 
safe,  therefore,  to  say  that  the  third   question   above   indicated 
must  equally  be  answered  in  the  negative. 

And  even  if  it  be  held  that  the  President's  want  of  power 
to  issue  the  Proclamation  without  the  accompanying  occupatio 
bellica  and  that  the  consequent  want  of  efficacy  in  the  paper  to 
work  eman  ci  pat  ion  proprio  vigore  were  cured  by  actual  con- 
quest under  it  on  the  part  of  the  Government,  and  by  actual 
submission  to  it  on  the  part  of  the  seceded  States,  insomuch 
that  it  would  have  operated  the  extinction  of  the  slave  status  in 
those  States,  it  still  remains  none  the  less  clear  that,  without  a 
change  in  the  Constitution  of  the  United  States  prohibiting 
slavery  in  the  South,  the  Proclamation  must  have  failed, with  the 
rights  of  plenary  conquest  limited  by  the  Constitution,  to  insure 


ITS    COURSE   AND   PROGRESS.  87 

the  perpetual  freedom  of  the  slaves  liberated  under  it ;  for  what 
under  the  rights  still  reserved  to  the  States,  would  have  pre- 
vented the  future  reestablishment  of  slavery  at  the  South  after 
the  return  of  peace  ? 

Nobody  was  more  quick  to  perceive  or  more  frank  to  ad- 
mit the  legal  weakness  and  insufficiency  of  the  Emancipation 
Proclamation  than  Mr.  Lincoln.  Determined  though  he  was 
never  to  retract  the  paper,  or  by  his  own  act  to  return  to  slave- 
ry any  person  who  was  declared  free  by  its  terms,  he  saw  that, 
in  itself  considered,  it  was  a  frail  muniment  of  title  to  any  slave 
who  should  claim  to  be  free  by  virtue  of  its  vigor  alone.  And 
therefore  it  was  that,  with  a  candor  which  did  him  honor,  he 
made  no  pretense  of  concealing  its  manifold  infirmities  either 
from  his  own  eyes  or  from  the  eyes  of  the  people,  so  soon  as 
Congress  proposed,  in  a  way  of  undoubted  constitutionality  and 
of  undoubted  efficacy,  to  put  an  end  to  slavery  everywhere 
HI  the  Union  by  an  amendment  to  the  Constitution.  Remark- 
ing on  that  amendment  at  the  time  of  its  proposal,  he  said  :  "  A 
question  might  be  raised  whether  the  Proclamation  was  legally 
valid.  It  might  be  added  that  it  aided  only  those  who  came  into 
our  lines,  and  that  it  was  inoperative  as  to  those  who  did  not 
give  themselves  up ;  or  that  it  would  have  no  effect  upon  the 
children  of  the  slaves  born  hereafter  ;  in  fact,  it  could  be  urged 
that  it  did  not  meet  the  evil.  But  this  amendment  is  a  king's 
cure  for  all  evils  It  winds  the  whole  thing  up.  " 

In  the  light  of  these  facts,  of  these  principles,  and  of  Mr. 
Lincoln's  own  admission,  it  would  seem  that  the  Emancipation 
Proclamation  was  extra-constitutional — so  truly  outside  of  the 
Constitution  that  it  required  an  amendment  to  the  Constitu- 
tion to  bring  the  President's  engagements  and  promises  inside 
o/  the  Constitution.  And  surely  it  will  not  be  pretended  that 
the  President,  even  on  the  plea  of  military  necessity,  has  a 
right  to  originate  amendments  to  the  Constitution,  or  to  wage 


88  EMANCIPATION : 

war  on  States  until  they  agree  to  adopt  amendments  of  his 
imposing.  This  would  be  to  "theorize  with  bayonets,  and  to 
dogmatize  in  blood."  This  would  be  to  make  it  competent  for 
the  President  in  time  of  war  to  alter  the  fundamental  law  of 
the  land  by  pronnnciamiento — a  mode  of  proceeding  which  falls 
not  only  outside  of  the  Constitution,  but  outside  of  the  United 
States — into  Mexico. 

The  Proclamation  fell  also  outside  of  the  jural  relations  of 
slavery  under  international  law.  Conceding  that  slaves,  in  time 
of  war,  are  known  under  international  law  only  as  persons,  we 
still  have  to  hold  that,  as  residents  of  "enemy  territory,"  the 
slaves  here  in  question  were,  by  the  terms  of  that  code,  as  much 
"  enemies  "  of  the  United  States  as  their  masters.  But  the  Pro- 
clamation treated  them  as  friends  and  allies.  In  the  eyes  of 
municipal  law,  they  were  property,  and  the  Proclamation  ac- 
knowledged them  as  such  in  the  act  of  declaring  them  free ; 
but  as  such.they  were  confiscable  only  by  due.  process  of  law, 
after  manucaption  ;  and,  whether  they  were  confiscated  under 
public  law,  or  under  sovereign  constitutional  law,  would  simply 
depend  on  the  nature  and  terms  of  the  confiscation  act  adopted 
by  Congress.  If  they  were  confiscated  as  "  enemy  property  "  in 
order  to  weaken  the  enemy,  the  act  would  fall  under  public  law. 
If  they  were  confiscated  in  order  to  punish  the  treason  of  their 
owners,  whereof,  such  owners  had  been  duly  convicted,  the  act 
would  fall  under  sovereign  constitutional  law.  But  the  Procla- 
mation assumed  to  confiscate  the  property  rights  of  the  slave- 
owners without  any  process  of  law  at  all ;  and  so  it  fell  as  much 
outside  of  public  law  as  it  fell  outside  of  constitutional  law  and 
of  municipal  law.  Nor  has  any  amendment  of  public  law 
as  yet  brought  within  the  sanctions  of  international  jurispru- 
dence the  pretension  of  a  belligerent  to  alter  and  abolish, by  pro- 
clamation, the  political  and  domestic  institutions  of  a  territory 
within  which  he  has,  at  the  time,  no  de  facto  power.  On  the 


ITS   COURSE   AND   PROGRESS.  89 

contrary,  the  pretension  is  traversed  by  the  latest  codifications 
of  international  law,  and  by  the  latest  publications  of  our  own 
State  Department.  And  hence  it  is  no  matter  of  surprise  that 
the  first  international  lawyers  of  the  country,  like  the  Honora- 
ble William  Beach  Lawrence,  and  the  first  constitutional  law- 
yers of  the  country,  like  the  late  Benjamin  R.  Curtis,  have  re- 
corded their  opinion  as  jurists  against  the  legality  of  the  Eman- 
cipation Proclamation. 

Lawyers,  as  Burke  said  at  the  beginning  of  the  American 
Revolution,  "have  their  strict  rule  to  go  by,"  and  they  must 
needs  be  true  to  their  profession,  but  "  the  convulsions  of  a 
great  empire  are  not  fit  matter  of  discussion  under  a  commis- 
sion of  Oyer  and  Terminer."  The  Emancipation  Proclamation 
did  not  draw  its  breath  in  the  serene  atmosphere  of  law.  It 
was  born  in  the  smoke  of  battle,  and  its  swaddling-bands  were 
rolled  in  blood.  It  was  in  every  sense  of  the  word  a  coup  d'etat, 
but  one  which  the  nation  at  first  condoned,  and  then  ratified  by  an 
amendment  to  the  Constitution.  As  Mr.  Welles  says,  "  It  was 
a  despotic  act  in  the  cause  of  the  Union  "—an  act,  he  adds,  "al- 
most revolutionary,"  and  it  was  almost  and  not  altogether  revo- 
lutionary, simply  because  it  fell  short  of  the  practical  and  legal 
effects  at  which  it  was  nominally  aimed.  It  was,  in  fact,  mar- 
tial law  applied  to  a  question  of  politics  and  of  polity ;  and  of 
martial  law,  Sir  Matthew  Hale  has  said  that  "  in  truth  and  real- 
ity it  is  no  law  at  all,  but  something  indulged."  If  we  would 
1  ook  for  its  fountain  and  source,  we  must  look  to  an  institute 
which  makes  small  account  of  all  human  conventions  and  chart- 
ers— the  lex  talionis.  The  Proclamation  was  the  portentous  re- 
taliatory blow  of  a  belligerent  brought  to  bay  in  a  death-grapple, 
and  who  drops  his  "elder-squirts  charged  with  rose-water  "( the 
phrase  is  Mr.  Lincoln's),  that  he  may  hurl  a  monstrous  hand- 
grenade,  charged  with  fulminating  powder,  full  in  the  faces  of 
the  foe.  The  phenomenon  is  as  old  as  the  history  of  civil  war  ; 


90  EMANCIPATION. 

and  because  he  saw  it  was  likely  to  reappear,  so  long  as  human 
nature  remains  the  same,  Thucydides  had  a  presage  that  his 
history  of  the  civil  war  between  Athens  and  Sparta  would  be  "a 
possession  for  ever."  "  War,"  he  wrote,  "is  a  violent  master, 
and  assimilates  the  tempers  of  most  men  to  the  condition  in 
which  it  places  them."  So  Cromwell,  in  the  hour  of  his  politi- 
cal agony,  exclaimed  against  "the  pitiful,  beastly  notion  "  that 
a  government  was  to  be  "  clamored  at  and  blattered  at,"  because 
it  went  beyond  law  in  time  of  storm  and  stress. 

And  there  is  something  worse  than  a  breach  of  the  Consti- 
tution. It  is  worse  to  lose  the  country  for  which  the  Constitu- 
tion was  made  ;  but,  if  the  defense  of  the  Proclamation  can  be 
rested  on  this  ground,  the  fact  does  not  require  us  to  teach  for 
doctrine  of  law  that  which  is  outside  of  law  and  against  law. 
Mr.  Jefferson  held  the  Louisiana  purchase  to  be  extra-constitu- 
tional, but  he  did  not  try  to  bring  it  inside  of  the  Constitution 
by  construction.  That  he  left  to  others.  It  seems  a  waste  of 
logic  to  argue  the  validity  of  Mr.  Lincoln's  edict.  It  moved 
above  law,  in  the  plane  of  state-craft.  Not  that  its  author,  in 
so  proceeding,  moved  on  the  moral  plane  of  the  insurgei.ts.  He 
wrought  to  save,  they  to  destroy,  the  Union.  Not  that  he  act- 
ed in  malice,  for,  as  he  protested,  the  case  "  was  too  vast  for 
malicious  dealing."  And  not  that  he  clearly  foresaw  the  end 
of  his  step  from  its  beginning.  The  fateful  times  in  which  he 
acted  the  foremost  part  were  larger  than  any  of  the  men  who 
lived  in  them,  tall  and  commandii  g  as  is  the  figure  of  the  be- 
nign war  President,  and  the  events  then  moving  over  the  dial 
of  history  were  grander  than  the  statesmen  or  soldiers  who 
touched  the  springs  that  made  them  move.  It  was  a  day  of  el- 
emental stir,  and  the  ground  is  still  quaking  beneath  our  feet, 
under  the  throes  and  convulsions  of  that  great  social  and  polit- 
ical change  which  was  first  definitely  foreshadowed  to  the 
world  by  the  Emancipation  Proclamation  of  Abraham  Lincoln." 


ITS   COURSE    AND   PROGRESS.  91 

Mr.  Ridpath,  the  historian,  says,  "that  it  the  E- 
mancipation  Proclamation  is  to  be  regarded  as  the 
cause  of  the  freedom  of  the  African  race  in  the  Unit- 
ed States,  then  indeed  must  it  be  considered  as  a- 
mong  the  most  important  documents  known  to  nistory. 
Perhaps  the  most  important.  The  inexorable  logic  of 
events  was  crowding  rapidly  bringing  about  the  Eman- 
cipation of  the  slaves. 

The  National  Government  fell  under  a  stringent 
necessity  to  strike  a  blow  at  the  labor  system  of  the 
Southern  States.  "With  every  struggle  of  the  war  the 
sentiment  of  abolition  at  the  North  rose  higher  and 
higher. 

The  President  himself  and  the  chief  supporters  of 
his  administration  had  for  years  made  no  concealment 
of  their  desire  that  all  men  everywhere  should  be  free. 

The  occasion  was  at  hand,  Mr.  Lincoln  seized  and 
generalized  the  facts,  embodied  them  in  his  own  words, 
and  became  for  all  time  the  oracle  and  interpretation 
of  national  necessity.'' 

Now  the  answer  to  the  questions.  They  can  best 
be  answered  by  one  who  took  a  very  conspicuous  part 
in  bringing  about  the  sequel,  in  fact,  was  a  pioneer  in 
the  cause  of  human  rights  and  emancipation.  Henry 
Wilson,  in  bis  Anti-Slavery  measures  in  Congress  says: 

"  The  speaker  of  the  House  of  Representatives  on 
the  14th  of  December,  1863,  after  announcing  the  stand- 
ing committees,  stated  that  the  first  business  in  order 


92  EMANCIPATION: 

was  the  call  of  the  States  for  bills  and  joint  resolutions. 
Thereupon  Mr.  Ashley,  chairman  of  the  committee  on 
Territories,  introduced  a  bill  to  provide  for  submitting 
to  the  States  a  proposition  to  amend  the  Constitution, 
prohibiting  slavery."  Mr.  Wilson  of  Iowa,  submitted 
a  similar  proposition.  These  were  referred  to  the  Ju- 
diciary committee. 

1864.  In  tne  senate  on  the  llth  of  January,  Mr.  Hender- 
son of  Missouri,  introduced  a  joint  resolution,  propos- 
ing an  amendment  to  the  Constitution,  abolishing 
slavery.  Mr.  Sumner,  on  the  8th  of  February,  intro- 
duced a  joint  resolution  in  the  same  body,  having  for 
its  object  the  abolition  of  slavery  also ;  these  were  re- 
ferred to  the  Judiciary  committee  of  the  Senate,  on 
the  10th,  two  days  after. 

Mr.  Trumbull,  of  111.,  Chairman  of  the  Judiciary 
committee,  reported  adversely  on  Mr.  Sumner's  resolu- 
tion. He  reported  Mr.  Henderson's  resolution  with 
an  amendment,  which  read : 

"  That  the  following  article  be  proposed  to  the  leg- 
islatures of  the  several  States,  as  an  amendment  to  the 
Constitution  of  the  United  States,  which,  when  ratified 
by  three  fourths  of  said  legislatures,  shall  be  valid,  to 
all  intents  and  purposes  as  a  part  of  the  said  Constitu- 
tion ; — namely : 

SECTION  i.  Neither  slavery  nor  involuntary  servitude,  ex- 
cept as  a  punishment  for  crime,  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any. place  subject  to  their  jurisdiction. 


ITS   COURSE    AND   PROGRESS.  93 

SECTION  2.     Congress  shall  have  power  to  enforce  this  article- 
by  appropriate  legislation. 

On  the  8th  of  April  the  proposition  was  adopted7 
by  the  Senate  by  38  yeas  to  6  nays.  During  the  debate 
Senator  Wilson  of  Mass,  said: 

"The  crowning  act  in  this  series  of  acts   for  the    restriction 
and  extinction  of  slavery  in  America,   is  this  proposed   amend- 
ment to  the  Constitution,  prohibiting  the  existence   of  slavery 
for  evermore  in  the  Republic  of  the  United  States.     If  this   a- 
mendment  shall  be  incorporated  by  the  will  of  the   nation   into 
the  Constitution  of  the  United  States,  it  will  obliterate  the  last 
lingering  vestiges  of.  the  slave  system its  chattelizing,   de- 
grading, and  bloody  codes;   its    dark,   malignant,   barbarizing; 
spirit;  all  it  was  and  is;  every  thing  connected   with   it  or   per- 
taining to  it — from  the  face  of  the  nation   it   has   scarred   with 
moral  desolation,  from  the  bosom  of  the  country  it  has  redden- 
ed with  the  blood  and  strewn  with  the  graves  of  patriotism.  The 
incorporation  of  this  amendment  into  the  organic  law  of  the  na- 
tion will  make  impossible  for  evermore  the  re-appearing  of  the 
discarded  slave  system,  and  the  returning  of  the   despotism   of 
the  slave-master's  domination.     Then,   sir,   when  this  amend- 
ment to  the  constitution  shall   be   consummated,   the   shackle 
will  fall  from  the  limbs  of  the  hapless  bondman,   and   the   lash 
drop  from  the  weary  hands  of  the  task-master.     Then  the  sharp 
cry  of  the  agonizing  hearts  of  severed  families  will  cease  to  vex 
the  weary  ear  of  the  nation,  and  to  pierce  the  ear  of  Him  whose 
judgments  are  now  avenging  the  wrongs   of  centuries.      Then 
the  slave  mart,  pen,  and  auction-block,  with  their  clanking  fet- 
ters for  human  limbs,  will  disappear  from  the   land   they   have 
brutalized;  and  the  schoolhouse  will  rise  to  enlighten  the  dark- 
ened intellect  of  a  race  imbruted  by  long  years  of  enforced   ig- 
norance.    Then  the  sacred  rights  of  human  nature,  the  hallow- 
ed family  relations  of  husband  and  wife,  parent  and  child,   will 


94  EMANCIPATION : 

be  protected  by  the  guardian  spirit   of  that  law  which  makes 
sacred  alike  the  proud  homes  and  lowly  cabins  of  freedom.  Then 
the  scarred  earth,  blighted  by  the  sweat  and  tears  of  bondage,  will 
bloom  again  under  the  quickening  culture  of  rewarded  toil.  Then 
the  wronged  victim  of  the  slave  system,  the  poor  white  man,  the 
sand  -hiller,  the  clay-eater,  of  the  wasted  fields  of  Carolina,   im- 
poverished, debased,  dishonored  by  the  system  that  makes  toil 
a  badge  of  disgrace,  and  the  instruction  of  the  brain  and   soul 
of  man  a  crime,  will  lift  his  abashed  forehead  to  the  skies,   and 
begin   to   run   the   race  of  improvement,  progress  and   eleva- 
tion. .  Then  the  nation,  'regenerated  and   disinthralled   by  the 
genius  of  universal  emancipation,'  will  run  the  career  of  devel- 
opment, power,  and  glory,  quickened,  animated,  and  guided  by 
the  spirit  of  the  Christian  democracy,  that  'pulls  not  the   high- 
est down,  but  lifts  the  lowest  up.'  " 

On  the  31st  of  May,  the  proposition  was  taken  up 
by  the  House  of  Representatives  and  debated  until  the 
15th  of  June,  when,  by  a  vote  of  93  yeas  to  65  nays,  23 
not  voting,  the  measure  was  lost. 

President  Lincoln  in  his  Message  to  Congress,  De- 
cember, 1864,  urges  the  adoption  of  the  xiii  amendment, 
rejected  at  the  previous  session;  on  motion  of  Mr.  Ashley 
1865.  of  Ohio,  the  House  on  the  6th  of  January,  took  up 
the  amendment  and  after  a  stubborn  opposition  the 
measure  was  passed  on  Tuesday,  the  31st  of  January 
1865.*  In  the  House,  Mr.  Herrick  of  N.  Y.,  said,  clos- 
ing the  debate  on  the  amendment : 

"I  shall  now  vote  for  the  resolution,  as  I  formerly  voted  a- 
gainst  it,  because  I  think  such  action  on  my  part  is  best  calcu- 

*    The  Secretary  of  State  dates  the  passage  of  the  amendment,  February  ist ;  this 
date  is  evidently  incorrect. 


ITS   COURSE   AND   PROGRESS.  95 

lated  to  assist  in  the  maintenance  of  the  Government,  the  pre- 
servation of  the  Union,  and  the  perpetuation  of  the  free  institu- 
tions which  we  inherited  from  our  fathers.  I  may  incur  the 

censure  of  some  of  my  party  friends  on  this  floor,  and  perhaps, 
displease  some  of  my  respected  constituents ;  but  to  me  the 
country  of  my  birth,  and  the  Government  under  whose  benign 
protection  I  have  enjoyed  all  the  blessings  of  liberty ,  and  under 
which,  restored  to  more  than  all  its  original  splendor,  and 
strengthened  and  purified  by  the  trials  through  which  it  has 
passed,  I  expect  my  children's  children  to  enjoy  the  same  bless- 
i  rigs  long  after  my  mortal  frame  shall  have  mouldered  into  dust 

is  dearer  to  me  than  friends  or  party  or  political  position.  Firm 
in  the  consciousness  of  right,  I  know  that  posterity  will  do  me 

justice,  and  feel  that  no  descendant  of  mine  will  ever  blush   at 

the  sight  of  the  page  on  which  my  vote  is  recorded  in  favor  of 

country,  government,  liberty,  and  progress.  " 

Notwithstanding  slavery  had  been  abolished  in  the 
territories,  and  in  the  District  of  Columbia,  Congress 
had  by  act  given  freedom  to  the  Negro  soldiers,  their 
wives  and  children  ;  the  states  of  Maryland,  West  Vir- 
ginia and  Missouri,  had  emancipated  their  slaves,  al- 
though the  President's  Emancipation  Proclamation  ; 
the  reorganized  state  governments  of  Tennessee,  Vir- 
ginia and  Louisiana  had  aimed  a  blow  at  slavery,  y_et 
it  existed  in  Delaware  and  Kentucky,  hence  the  thirty 
eighth  Congress,  acting  upon  the  advice  of  President 
Lincoln,  passed,  and  the  legislature  of  the  States  ratifi- 
ed, the  thirteenth  amendment,  thereby  making  it  a  part 
of  the  organic  law  of  our  country. 

Gradually,  human  slavery,  as  an  institution,  disap- 
pears from  all  governments  called  civilized. 


The  Cause  and  Progress 
of  Emancipation. 


98  EMANCIPATION: 

THE    CAUSE    AND    PROGRESS    OF 
EMANCIPATION. 


The  most  notable  events  in  the  history  of  the  Uni- 
ted States  are  their  successful  emancipation  from  the 
control  of  Great  Britain — the  emancipation  of  4,000,000 
Negro  slaves,  and  the  total  extinction  of  slavery  by  re- 
volution and  civil  war  ;  this,  however,  was  not  accom- 
plished without  the  most  bitter  opposition  upon  the 
part  of  many  whose  fortunes  were  cast  with  the  States. 
In  the  late  war  there  were  three  distinct  parties  or 
classes  of  citizens  in  the  Northern  or  free  States,  each 
claiming  the  war  to  be  unnecessary,  and  after  two  years 
of  struggle  for  the  mastery  between  the  Northern  and 
Southern  armies,  attended  with  the  loss  of  thousands 
of  lives,  and  an  expenditure  of  millions  of  dollars,  the 
Union  army  penetrating  deeper  and  deeper  into  the 
Southern  territory,  even  then  these  parties  demanded  the 
cessation  of  hostilities  and  a  return  to  peace  at  any  price. 
"Who  were  they  that  composed  these  parties?  First,  a 
considerable  number  of  citizens,  too  ignorant  of  the  his- 
tory ot  the  country,  to  know  what  the  conflict  was  a- 
bout,  and  then  a  smaller  class,  though  better  informed 
than  the  first  mentioned,  but  without  moral  compre- 
hension of  the  uncompromising  opposition  of  slave  so- 
ciety to  ema  ncipation,  they  adhered  to  the  belief  that 
between  these  opposing  elements  a  substantial  comprom- 
ise could  be  effected.  The  other  class  composed  of  buck- 


ITS   COURSE   AND   PROGRESS.  99 

stering  politicians  and  office  seekers  whose  efforts  were 
to  so  control  the  other  two  classes  as  to  clog  the  wheels 
of  the  Federal  Government,  and  compel  a  surrender  to 
the  rebels,  they  dictating  the  terms,  either  a  separation 
from  the  United  States,  or  a  re  onstruction  of  the  se- 
ceded States,  .with  their  old  power  of  aristocratic 
society. 

My  aim  is  to  show  in  these  pages  not  only  the 
fallacy  of  these  positions,  but  by  facts  the  progress  of 
emancipation  in  the  different  positions  of  the  country, 
previous  to  the  late  war. 

A  careful  study  of  the  census  of  1860,  will  show 
conclusively  that  the  slave  power,  in  order  to  preserve 
itself  from  annihilation  by  the  prodigious  growth  and 
powerful  influence  of  Republicanism,  attempted  to  de- 
stroy the  Union  of  the  United  States,  thus  following  in 
the  identical  rut  springing  from  the  same  necessity, 
having  a  common  origin  with  all  great  conflicts  that 
have  taken  place  between  freedom  and  slavery  since 
the  establishment  of  governments  on  earth.  History 
proves  beyond  a  doubt  that  the  advancing  spirit  of  free- 
dom has  always  been  met  by  a  relentless  war  waged 
by  the  oppressors  of  mankind— just  suchas  the  aristocracy 
of  our  land  set  up  against  the  advancement  of  the  peo- 
ple's emancipation  from  the  thraldom  of  the  slave  power. 
In  the  evolution  a  continuous  struggle  goes  on  ever  be- 
tween Democracy  and  Aristocracy,  either  in  the  inter- 
est of  self-government  or  an  imperial  rule  that  finally 


100  EMANCIPATION: 

rests  upon  the  suffrage  ot  the  people  which,  eventually,, 
burst  into  civil  war,  and  leaves  the  people  nearer  if  not 
in  complete  emancipation. 

The  Northern  Grecian  states  represented  the  cause 
of  the  people ;  and  the  oriental  empires  the  cause  of  the 
few.  These  little  states  grew  so  rapidly  that  the  des- 
pots of  Asia  became  alarmed,  and  organized  gigantic 
expeditions  to  destroy  them.  At  Marathon  and  Sala- 
mis,  the  people's  cause  met  and  drove  back  the  mighty 
invasion ;  and  two  hundred  years  later,  under  the  lead 
of  Alexander,  dissolved  every  Asiatic  empire,  from  the 
Mediterranean  to  the  Euphrates,  to  its  original  elements. 

Julius  Caesar  destroyed  the  power  of  the  old  Ro- 
man aristocracy  in  the  interest  of  the  people  of  the  Ro- 
man empire.  Under  the  name  of  'The  Republic,'  that 
patrician  class  had  oppressed  the  people  of  Rome  and 
her  provinces  for  years  as  never  was  people  oppressed 
before.  After  fifty  years  of  civil  war,  Julius  and  Agus- 
tus  Qesar  organized  the  masses  of  this  world-wide  em- 
pire, and  established  a  government  under  which  the 
aristocracy  was  fearfully  worried,  but  which  adminis- 
tered such  justice  to  the  world  as  had  never  before  been 
possible. 

The  religious  wars  of  the  sixteenth  and  seventeeth 
centuries,  which  involved  the  whole  of  Europe  for  eigh- 
ty years,  were  begun  by  the  civil  and  religious  aristoc- 
racy of  Europe  to  crush  the  progress  of  religious  and  civ- 
il liberty  among  the  people.  These  wars  continued  un- 


ITS   COURSE   AND   PROGRESS.  101 

til  religious  freedom  was  established  in  Germany,  Hol- 
land, and  Great  Britan,  and  those  seeds  of  political  lib- 
erty sown  that  afterward  sprang  up  in  the  American 
republic. 

The  English  civil  wars  of  the  seventeenth  century 
were  begun  by  the  king  and  great  nobles  to  suppress 
the  rising  power  of  the  commons,  and  continued  till 
constitutional  liberty  was  practically  secured  to  all  the 
subjects  of  the  British  empire. 

The  French  Revolution  was  the  revolt  of  the  peo- 
ple of  France  against  one  of  the  most  cruel  and  tyran- 
cal  aristocracies  that  ever  reigned ;  and  continued  with 
brief  interruptions,  till  the  people  of  both  France  and 
Italy  had  emancipated  themselves  and  vindicated  the 
right  to  choose  their  emperors  by  popular  suffrage. 

During  the  half  century  between  the  years  1775 
and  1825,  the  people  in  Xorth  America  threw  off  the 
power  of  a  foreign  aristocracy  by  war,  and  established 
a  republican  form  of  government,  except  the  Canadas, 
which  secured  the  same  practical  results  by  more  peace- 
ful methods. 

The  historian  perceives  that  each  of  these  great 
wars  was  an  inevitable  condition  of  liberty  and  eman- 
cipation for  the  people.  In  all  these  struggles  there 
were  the  same  kinds  of  opponents  to  the  war :  the  ig- 
norant, who  knew  nothing  about  it ;  the  morally  indif- 
ferent, who  could  not  see  why  freemen  and  tyrants 
could  not  agree  to  live  together  in  amity;  and  the  dem- 
agogues, who  were  willing  to  ruin  the  country  to  exalt 


102  EMANCIPATION : 

themselves.  But  we  now  understand  that  only  through 
these  red  gates  of  war  could  the  people  of  the  world 
have  marched  up  to  their  present  enjoyment  of  liberty 
and  emancipation,  that  each  flaming  portal  is  a  tri- 
umphal arch,  on  which  is  inscribed  the  great  conquest 
for  mankind — emancipation . 

The  late  civil  war  in  the  United  States  was  the  last 
frantic  attempt  of  this  dying  feudal  aristocracy  to  save 
itself  from  inevitable  dissolution.     The  election  of  Mr. 
Lincoln  as  President  of  the  United  States,  in  1860,  by 
the  vote  of  every  Free  State,  was  the  announcement  to 
the  world  that  the  people  of  the  United  States  had  fi- 
nally and  decisively  conquered  the  feudal  aristocracy  of 
the  republic  after  a  civil  contest  of  eighty  years.  With 
no  weapons  but  those  placed  in  their  hands  by  the  Con- 
stitution of  the  United  States,  the  freemen  of  the  re- 
public had  practically  put  this  great  slave  aristocracy 
under  their  feet  forever.     That  portion  of  the  Union 
which  was  controlled  by  the  will  of  the  whole  people 
had  become  so  decidedly  superior  in  every  attribute   of 
power  and  civilization,  that  the  slave  aristocracy  de- 
spaired of  further  peaceful  resistance  to  the  march  of 
liberty  through  the  land — like  every  other  aristocracy 
that  has  lived,  it  drew  the   sword   against  the   people 
either  to  subdue  the  whole  country,  or  carry  off  a   por- 
tion of  it  to  be  governed  in  the  interest  of  the  slave 
oligarchy,  of  300,000.  Had  the  people  of  the  North  by 
tyranical  legislation,  or  abase   of  power,   inaited   the 
Southern  aristocracy  to  wrath,  they  would  have  had  a 


ITS    COURSE   AND    PROGRESS.  103 

pretext  for  taking  up  arms,other  than  that  of  supposition 
of  unfair  play;  the  sparks  that  exploded  their  magazine 
came  from  the  tires  of  liberty  and  emancipation — this 
was  the  real  cause  of  the  war — the  peaceful,  constitution- 
al triumph  of  the  people  over  the  aristocracy  of  the  republic  , 
after  a  struggle  of  eighty  years.    If  ever  a  great  oligarchy 
had  good  reason  to  fight,  it  was  the  Slave  Power  in 
1860.     It  found  itself  defeated  and  condemned  to  a  sec- 
ondary position  in  the  republic,with  the  assurance  that 
its  death  was  only  a  question  of  time.     It  is  always  a 
good  cause  for  war  to  an  aristocracy  that  its  power  is  a- 
bridged  ;  for  an  aristocracy  cares  only  for  itself,  and 
honestly  regards  its  own  supremacy  as  the  chief  inter  - 
est  on  earth.     This  Slave  Power  only  done  what  every 
such  power  has  done  since  the  foundation  of  the  world  . 
It  drew  the  sword  against  the  inevitable  progress  of 
mankind,  but  was  conquered  by  mankind.  It  waged  a 
terrible  war,  not  against  Northern  Abolitionists,  or  the 
Administration,   but  against  the    United   States   census 
tables  0/1860;  against  the  mighty  realities  of  the  pro- 
gress of  free  society  in  the  republic,  which  startled  all  ? 
but  with  which  no  class  of  men  were  so  well  acquaint- 
ed as  Mr.  Jefferson  Davis  and  his  associates  in  rebe  llion . 
There  was  always  a  conflict  in  our   country    be- 
tween this  old  slave  aristocracy  and   the   people.     The 
first  great  victory  of  the  people  was  in  the  war    of  the 
Revolution,     That  war  was  inaugurated  and  forced  up- 
on the  country  by  the  masses  of  the  people  of  the  ISTe  w 
England  and  Middle  States.     The   aristocracy    of  the 


104  EMANCIPATION : 

South,  with  their  associates  in  the  North,  resisted  the 
movement  to  separate  the  people  from  the  crown  of 
Great  Britain,  till  resistance  was  impossible,  and  then 
came  in,  to  some  extent,  to  lead  the  movement  and  ap- 
propriate the  rewards  of  success.  But  the  free  people 
of  the  North  brought  on  and  sustained  the  war.  Massa- 
chusetts was  then  the  fourth  province  in  population ; 
but  she  sent  eight  thousand  more  soldiers  to  the  field 
during  those  bloody  eight  years  than  all  the  Southern 
States  united.  Virginia  was  then  the  empire  State  of 
the  Union,  and  Rhode  Island  the  least ;  but  Virginia 
furnished  only  seven  hundred  more  soldiers  than  little 
Rhode  Island.  New  England  furnished  more  than 
half  the  troops  raised  during  the  Revolution  ;  and  the 
great  centres  of  aristocracy  in  the  Middle  and  South- 
ern States  were  the  stronghold  of  Toryism  during  the 
war.  Indeed,  a  glance  at  the  map  of  the  Eastern  and 
Middle  States  reveals  the  fact  that  the  head-quarters  of 
the  '  peace  party  '  in  the  Revolutionary  and  the  late 
war  were  in  precisely  the  same  localities.  The  '  Copper- 
head '  districts  of  i\  ew  York,  New  Jersey,  and  Penn- 
sylvania were  the  old  Tory  districts  of  the  Revolution. 
The  Tories  of  that  day,  with  the  mass  of  the  Southern 
aristocracy,  tried  to  '  stop  the  war '  which  was  to  lay 
the  foundations  of  the  freedom  of  all  men.  The  Tories 
in  the  war  of  1860,  were  engaged  in  the  same  infamous 
enterprise,  and  their  fate  was  the  same. 

Had  the  Slave  Power  been  united  in  1776,  Ameri- 
ca never  would  have  gained  her  independence.  But  it  was 


ITS   CAUSE    AND    PROGRESS.  105 

divided.     Every   State  was  nominally  a  Slave  State ; 
but  slaveholders  were  divided  into  two  classes.     The 
first  was  led  by  Washington,  Jefferson,  Madison,  and 
other  illustrious  aristocrats,  North  and  South  ;  and,  like 
the  Liberal  lords  of  Great  Britain,  threw  their  influ- 
ence on  the  side  of  the  people.    This  party,  very  strong 
in  Virginia,  very  weak  in  the  Carolina^,  dragged  the 
South  through  the  war  by  the  hair  of  its  head,    and 
compelled  it  to  come  into  the  Union.     It  also  resolved 
to  abolish  the  Slave  Power,  and  succeeded  in  consecra- 
ting the  whole  Northwestern  territory  to  freedom  as 
early  as  1790.     The  opposition  party  had  its  headquar- 
ters at  Charleston,  was  treasonable  or  lukewarm  .during 
the  war,  and  refused  to  come  into  the  Union  without 
guarantees  for  slavery. 

The  result  of  the  whole  struggle  was,  that  the  peo- 
ple of  the  thirteen  colonies,  with  the  help  of  a  portion 
of  their  aristocracy,  severed  the  country  from  Great 
Britain,  and  established  a  Government  by  which 
they,  the  people,  believed  themselves  able,  in  time, 
to  control  the  whole  Union,  and  secure  personal  liberty 
in  every  State.  For  '  the  compromises  of  the  Constitu- 
tion '  mean  just  this:  that  our  National  Government 
was  a  great  arena  on  which  aristocracy  and  democracy 
could  have  a  free  tight.  If  the  aristocracy  beat,  that  Gov- 
ernment would  be  made  as  despotic  as  South  Carolina  ; 
if  the  democracy  triumphed,  it  would  become  as  free 
as  Massachusetts.  That  was  what  the  people  had  never 

w 


106  EMANCIPATION : 

before  achieved  :  a  free  field  to  work  for  a  Christian  demo- 
cracy and  Emancipation.  God  bless  the  sturdy  people  of 
New  England  and  the  Middle  States  for  this  !  God  bless 
George  "Washington  and  Thomas  Jefferson,  John  Mar- 
shall and  the  liberal  gentlemen  of  the  Old  Dominion, 
for  helping  the  people  do  it.  They  did  not  win  the 
victory,  as  many  have  supposed ;  but  they  bravely  help- 
ed to  lead  the  people  of  the  Free  States  to  this  great 
military  and  civil  achievement.  Virginia  was  richly  paid 
for  the  service  of  her  aristocracy.  But  history  tells  us 
who  did  the  work,  and  how  nobly  it  was  done. 

The  republic  was  now  established,  with  a  Consti- 
tution which  might  be  made  to  uphold  a  Republican 
or  an  aristocratic  government,  as  either  party  should 
triumph.  The  Slave  Power,  forced  half  reluctantly  in- 
to the  Union,  now  began  to  conspire  to  rule  it  for  its 
own  uses.  All  that  was  necessary,  it  thought,  was  to 
unite  the  aristocracy  against  the  people.  And  this 
work  was  at  once  well  begun.  The  first  census  was  taken 
in  1790,  and  the  last  before  the  war  in  1860.  This  period 
divides  itself,  historically,  into  two  portions.  The 
thirty  years  from  1790  may  be  regarded  as  the  period 
of  the  consolidation  of  the  Slave  Power,  and  its  first  dis- 
tinct appearance  as  a  great  sectional  aristocracy  in  1820, 
in  the  struggle  that  resulted  in  the  '  Missouri  Compromise.' 
The  forty  years  succeeding  1820  may  be  called  the  peri- 
od of  the  consolidation  of  freedom  to  resist  this  assault,  and 
the  final  triumph  of  Republicanism  in  1860,  by  the 
election  of  a  President. 


ITS   CAUSE   AND   PROGRESS.  107 

The  first  thirty  years  was  a  period  of  incessant  ac- 
tivity by  the  slave  aristocracy.  It  incurred  a  nominal 
loss  in  the  abolition  of  slavery  in  eight  Eastern  and 
Middle  States,  and  the  consecration  ot  the  great  North- 
western territory  to  freedom  ;  out  of  which  three  great 
Free  States  had  already  been  carved;  making,  in  1820, 
eleven  Free  States.  But  it  had  gained  by  the  concen- 
tration of  its  power  below  the  line  of  the  Ohio  and 
Pennslyvania  boundary,  the  division  of  the  territory 
belonging  to  the  Carolinas,  and  the  Louisiana  purchase; 
whereby  it  had  gained  five  new  Slave  States  ;  making 
the  number  of  Slave  States  equal  to  the  Free — eleven. 
It  put  forward  the  liberal  aristocracy  of  Virginia  to 
occupy  the  Presidential  chair  during  thirty-two  of  the 
thirty-six  years  between  1789  and  1825  ;  thus  compell- 
ing Virginia  and  Maryland  to  a  firm  alliance  with  it- 
self. It  had  manoauvred  the  country  through  a  great 
political  struggle  and  a  foreign  war,  both  of  which  were 
chiefly  engineered  to  secure  the  consolidation  of  the 
slave  aristocracy.  In  1820  its  power  wa&  extended  in 
eleven  States,  containing  four  hundred  and  twenty- 
four  thousand  square  miles,  with  one  hundred  and  sev- 
enty nine  thousand  square  miles  of  territory,  sure  to 
come  in  as  Slave  States ;  and  the  remainder  of  the 
Louisiana  purchase  not  secure  to  liberty.  It  had  a 
white  population  only  seven  hundred  thousand  less, 
while  its  white  and  black  population  was  a  million 
more  than  all  the  Free  States. 


108  EMANCIPATION : 

The  l!Torth  was  barely  half  as  large  in  area  ot 
States :  two  hundred  and  seventy  thousand  square  miles, 
with  only  one  hundred  thousand  square  miles  in  reserve 
of  the  territory  dedicated  to  liberty.  With  an  equali- 
ty of  representation  in  the  Senate  of  the  United  States, 
and  a  firm  hold  of  all  the  branches  of  the  Government, 
the  prospect  of  the  oligarchy  for  success  was  brilliant. 
In  every  nation  the  aristocracy  first  gets  possession,  or- 
ganizes first,  and  proceeds  deliberately  to  seize1  and  ad- 
minister the  government.  The  people  are  always  un- 
suspicious, slow,  late  in  organizing,  and  seem  to  blun- 
der into  success  or  be  led  to  it  by  a  Providence  higher 
than  themselves.  In  this  Government  the  slave  aristo- 
carcy  first  consolidated,  and  in  1820  appeared  boldly  on 
the  arena,  claiming  the  superiority,  and  threatening 
ruin  to  the  republic  in  the  event  of  the  failure  of  their 
plans.  It  had  managed  so  well  that  there  was  no  divi- 
sion in  its  ranks,  and  for  forty  years  moved  forward  in 
Bolid  column  to  repeated  assaults  on  liberty. 

The  people  did  not  suspect  the  existence  of  this 
concentrated  power  till  1820.  They  made  a  brave  mi- 
litia fight  then  against  the  aristocracy,  and  compelled 
it  to  acknowledge  a  drawn  battle  by  the  admission  of 
Maine  to  balance  Missouri,  and  the  establishment  of  a 
line  of  compromise,  which  would  leave  all  territory 
north  of  36  degs.  30  min.,  consecrated  to  freedom.  The 
Slave  Power  submitted  with  anger,  intending  to  break 
the  bargain  as  soon  as  it  was  strong  enough,  and  con- 


ITS   CAUSE    AND    PROGRESS.  109 

tinued  on  its  relentless  struggle  for  power.  It  deter- 
mined to  gain  possession  of  the  Senate  of  the  United 
States ;  make  it  a  house  ot  nobles ;  control  through  it 
the  foreign  policy,  the  Executive,  and  the  Supreme 
Court ;  an,d,  with  this  advantage,  reckoned  it  could  al- 
ways manage  the  House  of  Representatives  and  govern 
the  Nation.  The  key  to  all  the  political  policy  of  the 
Slave  Power  through  these  forty  years,  was  its  endeav- 
or to  capture  the  Senate  of  the  United  States,  and  hold 
it,  by  bringing  in  i\  superior  number  of  Slave  States.  So 
well  did  it  play  this  card  that,  till  1850,  it  maintained 
an  equality  of  senatorial  representation,  and  by  the 
help  of  Northern  allies  and  the  superior  political  dexter- 
ity of  the  aristocracy,  controlled  our  foreign  policy; 
kept  its  own  representatives  in  all  the  great  courts  of 
Europe ;  made  peace  or  war  at  will ;  managed  the  Ex- 
ecutive through  a  veto  on  his  appointments  ;  and  en- 
deavored to  till  the  Supreme  Court  with  men  in  favor 
of  its  policy,  while  the  House  of  Representatives  never 
was  able  to  pass  a  measure  without  its  consent.  Under 
the  forty  years'  reign  of  the  Slave  Power,  the  Senate 
of  the  United  States  was  a  greater  farce  in  the  republic 
than  the  crown  and  House  of  Lords  in  the  British  em- 
pire. Indeed,  so  well  did  this  aristocracy  play  its  part, 
that  it  was  supposed  by  the  whole  world  to  be  the  American 
Government;  and  the  news  that  the  people  of  the  Uni- 
ted States  refused,  in  1860,  to  register  its  behests,  was 
received  abroad  with  the  same  astonishment  and  indig- 


110  EMANCIPATION. 

nation  as  if  there  had  been  a  revolt  of  the   subjects    of 
some  European  nation  against  their  anointed  rulers. 

But  spite  of  these  great  advantages  at  the  outset — 
spite  of  its  incredible  political  activity  andf  admirable 
concentration,  the  slave  aristocracy  was  finally  defeat- 
ed by  the  people.  How  this  was  done  is  a  most  interest- 
ing narrative  in  modern  history.  Never  has  the  intrin- 
sic superiority  of  a  democratic  over  an  aristocratic  or- 
der of  society  been  so  magnificently  vindicated  as  du- 
ring that  forty  years  of  our  national  career.  During  that 
period  the  free  portion  of  this  Union  grew  to  an  over- 
whelming superiority  over  the  slave  portion,  and  com- 
pelled the  slaveholders  to  draw  the  sword  to  save  them- 
selves from  material  and  providential  destruction. 

This  period  of  forty  years  may  be  regarded  as  that 
of  the  consolidation  of  the  people.  The  first  thirty  years  of 
it  was  the  era  of  their  industrial  aud  social  consolidation; 
the  following  ten  years  was  the  period  of  their  political 
union  against  the  Slave  Power. 

An  aristocracy  always  exhibits  the  uttermost  pitch 
of  human  policy  in  its  career,  and  amazes  aud  outwits 
society  by  its  marvellous  display  of  executive  ability. 
But  the  people  are  always  moved  by  great  supernatural 
forces  that  are  beyond  their  comprehension,  often  dis- 
owned or  scorned  by  them,  but  which  mould  their  des- 
tiny and  lead  them  to  a  victory  spite  of  themselves. 
The  people  always  grow  without  conscious  plan  or 
method,  and  rarely  know  their  own  strength.  But 


ITS   CAUSE   AND   PROGRESS.  Ill 

there  are  always  a  few  great  men  who  represent  their 
destiny,  and,  often  against  their  will,  direct  them  in 
the  path  to  liberty.  History  will  record  the  names  of 
three  great  men  who,  during  these  forty  years,  were 
the  most  notable  figures  in  this  consolidation  of  the 
people  in  this  republic  ;  three  men  that  the  implacable 
hatred  of  the  Slave  Power  singled  out  from  all  other 
Northern  men  as  special  objects  of  infamy  ;  men  who 
represented  the  industrial,  moral,  and  political  phases 
of  the  people's  growth  to  supremacy.  Each  came  when 
he  was  wanted,  and  faithfully  did  his  work ;  and  their 
history  is  the  chronicle  of  this  advance  of  liberty  and 
emancipation  in  the  republic. 

The  first  of  these  men  was  De  Witt  Clinton,  of 
New  York.  No  Northern  man  so  early  discovered  the 
deep  game  of  the  Slave  Power  as  he.  He  was  the 
ablest  statesman  of  the  North  in  the  days  when  the  ar- 
istocracy of  the  South  was  just  effecting  its  consolida- 
tion. He  was  a  prominent  candidate  for  the  Presidency 
and  was  scornfully  put  down  by  the  power  that  ruled 
at  Richmond.  The  slaveholders  knew  him  for  their 
clear-headed  enemy,  and  drove  him  out  of  the  arena  of 
national  politics.  Never  was  political  defeat  so  auspi- 
cious. Cured  of  the  political  ambition  of  his  youth,  Mr. 
Clinton  turned  the  energies  of  his  massive  genius  to  the 
industrial  consolidation  of  the  North.  He  saw  that  all  fu- 
ture political  triumph  of  liberty  must  rest  on  the  tri- 
umph of  free  labor.  He  anticipated  the  coming  great- 


112  EMANCIPATION : 

ness  of  the  Northwest,  and  boldly  devoted  his  life  to  the 
inauguration  of  that  system  of  internal  improvements 
which  made  the  Northern  States  a  mighty,  free  indus- 
trial empire.  Within  the  period  of  ten  years  lying 
nearest  1820,  the  people,  under  the  lead  of  Clinton  and 
his  associates,  had  brought  into  active  operation  the 
three  great  agencies  of  free  labor — the  steamer,  the 
canal,  the  railroad ;  while  the  manufacturing  industry 
dates  from  the  same  period. 

This  was  the  providential   movement   of  a    great 
people,  organizing   a   method  of  labor  which   should 
overthrow  the  American   aristocracy.     Of  course   the 
people  did  not  know  what  all  this   meant ;  thousands 
of  the  men  who  were  foremost  in  organizing  Northern 
industry  did  not  suspect  the  end ;  but  De  "Witt  Clinton 
knew.     The  wiseacres  of  New   York  nicknamed  his 
canal  '  Clinton's  Ditch.''     It  was  the  first  ditch  in  that 
series  of  continental  '  parallels '  by  which  the  people  of 
the     North     approached   the    citadel    of    the     Slave 
Power.     They  dug  in  those  vast  intrenchments  for  for- 
ty years,  to  such  purpose  that  in  1860  the  great   guns 
of  free  labor  commanded  every  plantation  in  the  Union. 
The  Northern  spade  was  a  slow  machine— but  it  shovel- 
ed the  slave  aristocracy  into  the  Gulf  of  Mexico. 

Glance  over  this  field  of  industrial  and  material 
growth  in  the  free  portion  of  the  Union,  as  it  appeared 
in  1860. 

At  that  time  the  Free   States   had   increased   to 


ITS   CAUSE    AND    PROGRESS.  113 

nineteen,  wnile  the  Slave  States  were  fifteen,  contain- 
ing eight  hundred  and  seventy-five  thousand  square 
miles.  The  people  had  nine  hundred  and  fifty  thousand 
square  miles  organized  into  free-labor  States,  with  eight 
vast  Territories,  containing  one  million  square  miles, 
an  area  equal  to  twenty-tour  States  as  large  as  New 
York.  In  this  vast  extent  of  States  and  Territories, 
including  two  thirds  the  land  of  the  Union,  there  were 
not  a  hundred  slaves. 

Look  at  the  position  and  value  of  these  possessions 
of  freedom.  In  1850  liberty  secured  the  great  State  of 
Caliiornia,  and  in  1860  the  State  of  Kansas.  These 
States  insured  the  possession  of  the  whole  Pacific  coast 
the  entire  mineral  wealth  of  the  mountains,  the  Indian 
Territory,  and  the  vast  spaces  of  Northwestern  Texas 
to  freedom,  and  opened  Mexico  to  Northern  occupation. 
In  the  East,  freedom  had  already  secured  the  best  har- 
bors for  commerce  ;  in  the  Northwest,  the  granary  of 
the  world  ;  the  inexhaustible  mineral  wealth  of  Lake 
Superior,  and  the  navigation  of  thousands  of  miles  up- 
on the  great  inland  seas  that  separate  the  Republic  from 
the  Canadas.  From  the  Northern  Atlantic  and  the 
Pacific  it  commanded  the  trade  of  Europe  and  Asia. 

Freedom  had  secured,  in  1860,  a  population  of 
twenty  millions,  while  the  Slave  Power  had  reached 
but  twelve  millions,  one  third  of  whom  were  slaves. 
From  1850  to  1860  the  Union  gained  almost  as  much 
in  population  as  the  entire  census  of  1820  ;  and  of  that 


114  EMANCIPATION : 

gain  the  North  secured  forty-one  and  the  South  but 
twenty-seven  per  cent.  The  slave  population  increased 
but  twenty-three  per  cent.  Between  1820  and  1860 
five  million  emigrants  reenforced  the  Union,  of  which 
the  North  received  the  greater  portion.  Between  the 
war  of  1814  and  1860,  Great  Britain  and  Ireland  sent  to 
the  U.  S.,  more  people  than  inhabited  the  thirteen  States 
that  formed  the  Union,  and  of  this  immigrant  popula- 
tion there  was  an  excess  of  nine  hundred  and  fifty  thou- 
sand men — a  nation  poured  in  upon  the  great,  free 
North,  to  reenforce  the  people. 

Already  was  this  increase  of  free  population  tell- 
ing upon  slave  labor  in  Slave  States.  Even  in  the  Gulf 
cities  slavery  was  fast  receding  before  the  brawny  arms 
of  Hans  and  Patrick.  Northwestern  Texas  was  be- 
coming a  new  Germany.  Western  Virginia,  Mary- 
land, Missouri,  and  Delaware  were  rapidly  losing  in 
slave  labor  ;  while  along  the  border  had  grown  up  a 
line  of  ten  cities  in  Slave  States,  containing  six  hun- 
dred thousand  people,  of  whom  less  than  ten  thousand 
were  slaves.  This  line  of  cities,  from  "Wilmington, 
Delaware,  to  St.  Louis,  Missouri,  was  becoming  a  great 
cordon  of  free-labor  citadels ;  supported  in  the  rear  by 
another  line  of  Free  Border-State  cities,  stretching 
from  Philadelphia  to  Leavenworth,  containing  nine 
hundred  thousand ;  thus  massing  a  free  population  of  one 
million  Jive  hundred  thousand  in  border  cities  that  over- 
looked the  land  of  despotism. 


ITS   CAUSE   AND   PROGRESS.  115 

« 

Then  consider  the  growth  of  free  agriculture.  In 
1860  the  South  had  a  cotton  and  rice  crop  as  her  exclu- 
sive possession .  Already  the  Northwest  was  encroaching 
upon  her  sugar  cultivation.  Against  her  agriculture, 
mainly  supported  by  one  great  staple,  which  could  also 
be  cultivated  all  round  the  globe,  the  free  North  could 
oppose  every  variety  of  crop  ;  several  of  greater  value 
than  the  boasted  cotton.  In  all  the  grains,  in  cattle 
and  the  products  of  the  dairy,  in  hay,  in  fruits  ;  in  the 
superior  cultivation  of  land  ;  in  the  vastly  superior  val- 
ue of  land;  in  agricultural  machinery ,probably  represent- 
ing a  labor  force  equal  to  all  the  slaves — the  superiority 
of  freedom  was  too  evident  for  discussion.  The  value 
of  agricultural  machinery  in  the  Free  States  had  trebled 
between  1850  andJSQQ.  The  Homestead  Law  was  the 
fit  result  of  this  vast  advance  of  free  labor,  and  sealed 
the  destiny  of  every  Territory  of  the  Union. 

Then  contemplate  the  vast  expansion  of  manu- 
facturing industry,  of  which  nine  tenths  belong  to  the 
Free  States.  In  ten  years  from  1850  to  1860,  this  branch 
of  labor  had  increased  eighty-six  per  cent,  reaching  the 
enormous  sum  of  $2,000,000,000  ;  $60  for  every  inhab- 
itant of  the  Union.  A  million  and  a  half  of  people 
were  engaged  as  operatives  therein,  supporting  nearly 
five  millions — one  sixth  of  the  whole  population  of  the 
Union  ;  while  fully  one  third  of  our  population  was  di- 
rectly and  indirectly  living  by  manufactures. 

The  increase  of  iron  manufactures  in  ten  years  was 


116  EMANCIPATION : 

forty-four  per  cent. ;  the  coal  mines  reached  a  treble 
yield  in  ten  years ;  $10,000,000,  of  clothing  were  pro- 
duced in  1860.  The  lumber  trade  had  increased  sixty- 
four  per  cent,  in  tea  years,  reaching  $100,000,000.  Flour- 
ing mills  ehowed  sixty-five  per  cent,  increase,  reaching 
$225,000,000;  spirits,  $24,000,000;  cotton  manufac- 
tures had  increased  seventy-six  per  cent,  in  ten  years, 
reaching  $115,000,000  ;  woollens  had  increased  sixty- 
seven  per  cent.  ;  boots  and  shoes  walked  up  to  $76,000- 
000,  and  leather  to  $63,000,000.  The  fishermen  of  New 
England  increased  mightily.  The  gold  of  California, 
the  copper  of  the  Northwest,  the  salt  of  New  York  and 
Michigan  had  reached  colossal  proportions.  Whoever 
studies  the  manufacturing  statistics  of  the  North  for 
the  ten  years  from  1850  to  1860  will  be  at  no  loss 
to  know  why  the  manufacturers  of  Great  Britain  were 
willing  to  sever  the  Slave  States  from  the  Union,  to 
gain  a  customer  the  North  was  thus  supplying  in  1860. 
Now  add  to  this  array  of  agriculture,  manufac- 
tures, extent  of  territory,  and  excess  of  population,  the 
superiority  of  tht  Free  States  in  commerce.  The  ton- 
nage of  the  Union  was  twenty-six  millions  in  1860,  the 
fourth  of  which  was  the  growth  of  the  ten  years  pre- 
vious. Out  of  the  one  thousand  and  seventy-one  ships 
built  in  1860,  the  '  nation  '  of  South  Carolina  produced 
one  steamer  and  one  schooner  !  Contemplate  the  money 
power,  the  vast  capital  invested  in  trade,  in  banks,  in- 
surance, and  the  like,  :n  the  North.  The  slave  aristoc- 
racy was  becoming  imprisoned  in  a  vast  web  of  finan- 


ITS    CAUSE    AND   PROGRESS.  117 

cial  dependence— a  web  that  war  and  wholesale  repudi- 
ation of  debts  alone  could  break  through. 

In  1860  there  were  in  the  Union  30,600  miles  of 
railroad,  costing  $1,134,452,909,  four  times  the  extent 
of  1850.  In  1850  only  one  line  of  railroad  connected 
the  Atlantic  with  the  Mississippi.  Now,  of  the  eight 
great  railroad  and  canal  routes  connecting  the  sea  coast 
with  this  valley,  six  run  throuerh  the  Free  States ; 
transportation  on  these  avenues  coast  but  one  tenth  the 
old  methods.  Governor  Letcher  ot  Va.,  declared  the 
Baltimore  and  Ohio  Railroad  '  abolitionized '  Northern 
and  Western  Virginia,  and  the  Southern  rebellion  was 
especially  savage  on  railroads.  Whoever  would  under- 
stand one  secret  ot  the  consolidation  of  the  people 
should  study  the  railroad  map  of  the  Northern  States, 
and 'contrast  it  with  the  South.  It  was  a  fine  tribute 
to  the  value  of  the  railroad  that  the  first  use  the  people 
made  of  their  new  political  supremacy  in  1860  was  to 
pass  the  bill  for  connecting  the  Atlantic  and  Pacific 
by  the  iron  rail  and  the  telegraphic  wire. 

This  vast  advancement  in  free  labor,  from  1820  to 
1850,  was  fitly  closed  in  1850  by  the  annexation  of  Cal- 
ifornia to  the  roll  of  the  Free  States,  securing  to  liberty 
the  gold  mines  and  the  Pacific  coast.  It  is  impossible 
to  comprehend  all  the  consequences  of  this  step.  It 
was  the  decisive  industrial  triumph  of  the  people  over 
the  slave  aristocracy.  The  Slave  Power  went  mad  over 
the  defeat,  and  for  ten  years  virtually  abandoned  the  ri- 
valry of  industries,  and  turned  to  violence,  breaking  of 


118  EMANCIPATION: 

compromises,  forcible  seizure  of  the  ballot  box,  repudi- 
ation of  debts,  finally  cruel  war,  as  if  fraud  and   vio- 
lence, in  the  long  run,  could  upset  free  and  honest  in- 
dustry.    After  the  loss  of  California  and  the  Pacific 
•coast,  the  struggle  for  the  Territories  was  but  a  prelim- 
inary skirmish  of  the  war  for  the  conquest  and  desola- 
tion of  the  Union.     The  people  waged  the  battle  of  liber- 
ty with  the  gigantic  agencies  of  material  prosperity  for  for- 
ty years,  and  the  aristocracy  was  completely  in  their  power. 
For   this   material   superiority   of  the    free-labor 
States  inevitably  inured  to  the  advantage  of  liberty. 
In  vain  did   every   new   Free   State,  year  after  year, 
vote  with  the  Slave  Power ;    in  vain  did  every  great 
rail- road  and  manufacturing  corporation  of  the  North 
obey  the  political  behests  of  the  lords  of  the  plantations; 
in  vain  was  the  mercantile  aristocracy  of  all  the  great 
cities  the  fast  friend  of  the  slave  aristocracy  ;  and  vain- 
ly did  almost  the  entire  immigrant  population  fall  po- 
litically into  its  control.     All  this  was  nothing  against 
the  irresistable  natural  tendency  of  free  labor.     The  Irish- 
man who  voted  against  the  Negro  was  breaking  his 
chain  with  every  blow  of  his  pick.  The  Wall-street  bank- 
er, the  great  railroad  king,the  cotton  manufacturer,  who 
railed  against  abolitionism  like  mad-men,were  condemn- 
ing the  slave  aristocracy  every  day  they  lived.     There 
is  a  divine  law  by  which   the   work   of  freemen   shall 
root  out  the  work  of  slaves ;  and  no  law  enacted  by  the 
will  of  Northern  doughfaces  could  repeal  this  statute 
•of  nature.     These  Northern  friends  of  the  aristocracy 


ITS   CAUSE    AND   PROGRESS.  119 

supposed  themselves  to  be  helping  their  ambitious  al- 
lies by  their  political  support.  But  the  slaveholders 
knew  how  fallacious  was  this  aid.  They  saw  that  the 
North  was  gaining  a  huge  superiority  to  the  South  ; 
that  the  people  were  slowly  consolidating  ;  that  when 
the  free-labor  interest  did  finally  concentrate,  it 
would  carry  every  Northern  interest  with  it,  and, 
when  the  pinch  came,  no  Northern  party  or  statesman 
could  or  would  help  them  do  their  will.  They  carefully 
sifted  all  offers  of  aid  from  such  quarters,  and  having 
used  every  Northern  interest  and  institution  and  party 
till  it  was  squeezed  dry  of  all  its  black  blood,  they  turn- 
ed their  backs  haughtily  on  the  free  sections  of  the 
Union,  plundered  friend  and  foe  alike,  and  flew  into 
civil  war,  out  of  spite  and  rage  at  the  census  of  i860  ; 
in  other  words,  declared  war  against  the  providence  of 
God  as  manifested  in  the  progress  of  Emancipation  and 
free-labor.  They  fought  well ;  at  first,  perhaps,  better 
than  the  North,  but  General  Lee  couldn't  flank  the  in- 
dustrial decrees  of  the  Almighty,  nor  could  Stuart  'cut 
the  communications'  between  free  labor  and  imperial 
power. 

But  was  this  great  material  gain  of  the  people  ac- 
companied by  a  corresponding  spiritual  advancement  ? 
Was  man  to  become  the  chief  object  of  reverence  in  this 
wonderfully  expanding  industrial  empire  ?  If  not,  all 
this  progress  was  deceptive,  and  nobody  could  predict 
how  soon  free  labor  superiority  would  be  turned  to  the 


120  EMANCIPATION: 

advantage  of  that  aristocracy  which  had  perverted  so 
many  things  in  the  republic. 

It  can  not  be  denied  that   the   Free   States   made 
wonderful   strides  during  these  forty  years,  in  mental 
cultivation  and  power.    The  free  industry  of  the  North 
was  an  education  to  the  people,   and   nowhere   has  so 
much  popular  intelligence  been  carried  into   the   busi- 
ness of  life  as  there.     This  period   also   witnessed   the 
organization  of  the  free  school   everywhere   outside  of 
JS"ew  England,  its  home ;  and  the  South,  where   educa- 
tion was  not  wanted  only  for  the  aristocracy:  the  daily 
press,  the  public  lecture,  the  creation  of  an  American 
literature,  all  Northern  ;  the  growth  of  all   institutions 
of  learning  and  means  of  intellectual  and   artistic  cul- 
tivation unparalleled  in  any   other  age   or   land.     No 
well-informed  person  can  deny  the  astonishing  progress 
in  furnishing  the  means  of  religious   instruction,    the 
multiplication  of  churches,  great  ecclesiastical   organi- 
zations, and  philanthropic   leagues.     Notwithstanding 
the  apparent  absorption  of  the  North   in  its  material 
prosperity,  no  people  ever  was   so   busy   in  furnishing 
itself  with  the  means  of  spiritual  improvement ;    and 
though  a  population  of  several  millions  of  ignorant  and 
superstitious  foreigners  was  thrown  in  upon  it  during 
these  eventful  years,  it  came  out  at  the  end  the  most 
intelligent  people,  the  best  provided  with  the  apparatus 
of  religion,  that  was  ever  known. 

But  one  element  was  yet  wanting  to  assure  the 
right  usage  of  all  this  wealth  of  material,  intellectual,. 


ITS   CAUSE   AND   PROGRESS.  121 

ecclesiastical  power.  This  was  what  the  slaveholding 
aristocracy  saw  at  once  to  be  the  fatal  omen  for  their 
cause,  and  nicknamed  '  Abolitionism.'  Abolitionism,  as 
recognized  by  the  Slave  Power,  was  nothing  more  nor  less 
than  the  religious  reverence/or  man  and  his  natural  rights. 
This  moral  respect  for  the  nature  and  rights  of  all  men 
has  always  encountered  the  peculiar  scorn  of  aristocra- 
cies, and  no  men  have  been  so  bitterly  persecuted  in 
history  as  those  who  represented  the  religious  opposi- 
tion to  despotism.  The  Hebrew  aristocracy  in  old  Pal- 
estine called  this  sentiment '  atheism '  in  Jesus  Christ, 
and  crucified  Him.  The  pagan  aristocracy  called  it  a 
4  devilish  superstition '  in  the  early  Christians,  and 
slaughtered  them  like  cattle.  The  priestly  and  civil 
absolutism  of  the  sixteenth  century  called  it  'fanaticism' 
in  the  Dutch  and  German  reformers,  and  fought  it 
eighty  years  with  fire  and  rack  and  sword.  The  church 
and  crown  nicknamed  it  '  Puritanism,'  and  persecuted 
it  till  it  turned  and  cut  off  the  head  of  Charles  the 
First,  and  secured  religious  liberty.  The  slave  aristo- 
cracy stigmatized  it '  Abolitionism,'  and  let  loose  upon 
it  every  infernral  agency  in  its  power. 

One  great  man,  yet  alive,  but  not  yet  recognized 
as  he  will  be,  was  the  representative  of  this  religious 
reverence  for  the  rights  of  man.  Lloyd  Garrison  was 
for  twenty-five  years,  the  best-hated  man  in  the  North- 
ern States,  not  because  he  failed  to  see  just  how  a 
Union  of  Free  and  Slave  States  could  endure ;  not  be- 

(H) 


122  EMANCIPATION. 

cause  of  any  visionary  theory  of  political  action  or  the 
structure  of  so  jiety  he  cherished  ;  but  strangely  enough, 
because  he  stood  up  for  man  and  his  divine  right  to  free- 
dom. This  was  what  the  aristocracy  hated  in  him,  and 
this  is  what,  with  inexpressible  rage,  it  saw  gaining  in 
the  North.  It  truly  said  that  Northern  education,  arts, 
literature,  press,  churches,  benevolent  organizations, 
and  families,  all  that  was  best  in- Northern  society,  even 
politics,  were  being  consolidated  by  this  '  fanaticism,' 
'  Puritanism,'  '  Abolitionism' — otherwise,  by  reverence 
for  man  and  his  right  to  freedom. 

It  grew,  however,  almost  as  fast  as  the  material 
power  of  the  N  orth — this  moral  conviction  of  the  di- 
vine right  of  man  to  liberty  ;  grew  so  fast,  that  in  1860, 
South  Carolina  glanced  over  the  November  election  re- 
turns, saw  the  name  of  Abraham  Lincoln  at  the  head, 
shrieked, '  The  North  is  abolitionized  !  '  and  rushed  out 
of  the  Union,  with  ten  other  Slave  States  at  her  heels, 
while  four  more  were  held  back  by  the  strong  arm  of 
the  national  power.  The  North  was  not  yet  *  abolition- 
ized,' but  every  volley  fired  at  liberty  by  the  Slave 
Power  for  three  years,  killed  a  lover  of  slavery,  and 
made  an  Abolitionist ;  as  the  juggler  fires  his  pistol  at 
your  old  black  hat,  and,  when  the  smoke  clears  up,  a 
white  dove  flutters  in  its  place. 

Thus  did  the  Free  States,  the  people's  part  of  the 
Union,  go  up  steadily  to  overshadowing  material,  in- 
tellectual, moral  power.  But  up  to  1850  this  mighty 


ITS    CAUSE    AND    PROGRESS. 

growth  had  got  no  fit  expression  in  State  or  national 
politics.  All  the  great  parties  had  mildly  tried  to  re- 
monstrate with  the  slave  aristocracy,  but  quickly .  re- 
coiled as  from  the  mouth  of  a  furnace.  A  few  attempts 
had  been  made  to  organize  a  party  for  freedom,but  noth- 
ing could  gain  foothold  at  "Washington.  A  few  noble 
men  had  lifted  their  voices  against  the  rampant  tyran- 
ny of  the  slaveholders;  chief  among  these  was  John 
Quincy  Adams,  the  John  the  Baptist  crying  in  the  de  - 
sert  of  American  partisan  politics  the  coming  of  the 
kingdom  of  Heaven !  But  when  the  people  had  come 
up  to  a  consciousness  of  their  consolidated  power,  and 
the  reverence  for  human  right  was  changing  and  pola- 
rizing every  Northern  institution — in  the  fierce  strug- 
gle that  ushered  in  and  succeeded  the  admission  of 
California,  between  1848  and  1856 — this  Northern  su- 
periority culminated  in  a  great  political  movement  a- 
gainst  slavery.  This  movement  assumed  a  double  form — 
positive,  in  the  assertion  that  the  Slave  Power  should  be  ar- 
rested; negative,  in  the  assertion  that  the  people  should  have 
their  own  way  with  it.  The  Republican  party  said :  The 
slave  aristocracy  shall  go  no  further.  The  'Popular  Sove- 
reignty' party,  or  Douglas  Democracy,  said :  The  peo- 
ple shall  do  what  they  choose  about  this  matter.  Now  the 
people  were  already  the  superior  power  in  the  republic, 
and  were  rapidly  growing  to  hate  the  Slave  Power  ;  so 
the  slaveholders  saw  that  the  Northern  Democracy  r 
with  their  cry  of  popular  sovereignty,  might  in  time  be 
just  as  dangerous  to  them  as  their  more  open  enemies. 


124  EMANCIPATION : 

They  repudiated  both  forms  of  Northern  politics,  and 
tied  the  executive,  under  James  Buchanan,  and  the 
Supreme  Court,  under  Judge  Taney,  to  their  dogma : 
The  right  of  the  aristocracy  is  supreme.  Slavery,  not  lib- 
erty, is  the  law  of  the  republic. 

The  great  leaders  of  these  Northern  parties  were 
Stephen  A.  Douglas  and  William  H.  Seward.  Mr.  Dou- 
glas was  the  best  practical  politician,  popluar   debater, 
and  magnetizer  of  the  masses,  the  North  has  yet   pro- 
duced.    He  was  the  representative  of  the   blind  power   of 
the  North,  and  stood  up  all  his  life,  in  his  better  hours, 
for  the  right  of  the  people  to  make  the  republic  what 
they  would.     But  the  representative  statesman  of  the 
era  was  the  Secretary  of  State.  The  whole  eareer  of  Mr. 
Seward  is  so  interwoven  with  the  history  of  the  politi- 
cal consolidation  of  the  people  against  the  Slave  Power, 
that  the  two  must  be  studied  together  to  be  understood. 
Nowhere  so  clearly  and  eloquent  as  in  the  pages  of  this 
great  philosophical  statesman  can   be   read   the  rapid 
growth  of  that  political  movement  that  in  twelve  years 
captured  every  Free  State,  placed  a   President   in   the 
chair,  and  then,  with  a   splendid   generosity,   invited 
the  whole  loyal  people  to  unite  in  a  party  of  the  Union, 
knowing  that  henceforth  the  Union  meant  the  people  and 
liberty  against  the  aristocracy  and  slavery.     And  only  in 
the  light  of  this  view  can  the  course  of  this   man   and 
his  great  seeming  opponent,  but  real  associate,  be   fitly 
displayed.     Douglas  had  taught  the  people  of  the  North 


ITS   CAUSE    AND   PROGRESS.  125  < 

that  there  will  should  be  the  law  of  the  republic.  Seward 
had  told  them  that  will  should  be  in  accordance  with  the 
'•higher  law'  of  justice  and  freedom.  Like  men  fighting 
in  the  dark,  they  supposed  themselves  each  other's  ene- 
mies, while  they  were  only  commanders  of  the  front 
and  rear  of  the  army  of  the  people.  Both  appeared  on 
the  national  arena  in  the  struggle  of  1850,  and  soon 
strode  to  the  first  place.  The  Slave  Power  repudiated 
Seward  and  his  '  higher  law '  of  Justice  and  liberty  at 
once.  They  tolerated  Douglas  and  his  'popular  sover- 
eignty '  ten  years  longer,  when  they  found  it  even  a 
more  dangerous  heresy;  and  threw  him  over-board. 

In  the  election  of  1860  there  were  but  two  parties 
— the  two  wings  of  the  people's  army,  under  the  pa- 
triots Lincoln  and  Douglas ;  the  two  wings  of  the  slave 
host  ,  under  the  traitors  Breckinridge  and  Bell.  Of 
course  the  people  triumphed.  Had  Douglas  been  elect- 
ed instead  of  Lincoln,  the  Slave  Power  would  not  have 
stayed  in  the  Union  one  hour  longer.  It  was  not  Lin- 
coln, but  the  political  supremacy  of  the  people,  they  resisted. 
The  Free  States  had  at  last  consolidated,  never  to  re- 
cede, and  that  was  enough.  Henceforth  no  party  could 
live  in  the  North  that  espoused  the  cause  of  the  aristo- 
cracy. Whoever  was  Governor  or  President,  Demo- 
crat, Republican,  Union,  what  not,  the  people's  party 
was  henceforth  supreme,  and  the  aristocracy,  with  all 
its  works  of  darkness,  was  second  best. 

The  political  victory  of  1860   was   virtually   com- 


T.26  EMANCIPATION: 

plete.  For  the  first  time  in  eighty  years  the  people  con- 
centrated against  the  Slave  Power.  The  executive  was 
gained,  placing  the  army,  navy,  appointments,  and  pa- 
tronage in  the  hands  of  the  President,  the  people's  rep- 
resentative by  birth  and  choice.  The  North  had  a  ma- 
jority of  eight  in  the  Senate  and  sixty-five  in  toe  House 
of  Representative,  insuring  the  control  of  the  foreign 
policy  and  the  financial  affairs  of  the  republic :  while 
the  Supreme  Court,  the  last  bulwark  of  despotism,  could 
be  reconstructed  in  the  interest  of  the  Constitution. 
It  is  true  the  people  did  not  appreciate  the  magnitude 
of  the  victory,  or  realize  what  it  implied.  They  would 
probably  have  made  no  special  use  of  it  at  once,  and 
the  aristocracy  might  have  outwitted  them  again,  as 
they  had  for  three  quarters  of  a  century  past.  But  the 
slaveholder  knew  that  now  was  just  the  time  to  strike. 
If  they  waited  till  the  people  understood  themselves 
better,  and  learned  how  to  administer  the  Government 
for  liberty,  it  would  be  too  late.  They  still  had  pos- 
session of  the  executive,  with  all  the  departments,  the 
Supreme  Courts,  army,  navy,  for  four  months.  This 
was  improved  in  inflicting  as  much  damage  on  the 
Government  as  possible,  and  organizing  a  confederacy 

* 

of  revolted  States.  The  people  did  not  believe  they 
would  fight,  and  offered  them  various  compromises, 
everything  except  the  thing  they  desired — unlimited  power 
to  control  the  republic.  The  aristocracy  knew  that  no 
.compromises  would  do  them  good  which  proposed  any- 


ITS   CAUSE   AND   PROGRESS.  127 

thing  less  than  a  reconstruction  of  the  Union  which 
would  insure  their  perpetual  supremacy.  They  even 
doubted  if  this  could  be  effectually  accomplished  in  a 
peaceful  way.  The  people  must  first  be  subdued  by 
arms,  their  Union  destroyed,  and  brought  to  the  verge 
of  anarchy  by  this  mighty  power,  backed  by  the  whole 
despotism  of  Europe ;  then  might  they/  be  compelled 
to  accept  such  terms  as  it  choose  to  dictate.  It  waited 
no  longer  than  was  necessary  to  complete  its  prepara- 
rations,  and  opened  its  guns  in  Charleston  harbor. 
When  the  smoke  of  that  cannonade  drifted  away,  the 
people  beheld  with  consternation  the  Slave  Powers  ar- 
rayed in  arms,  from  Baltimore  and  St.  Louis  to  New 
Orleans  and  the  Rio  Grande,  advancing  to  seize  their 
capital  and  overthrow  the  republic. 

Having  conquered  the  aristocracy  by  its  industry, 
education,  religion,and  politics — driven  it  from  every 
position  on  the  great  field  oi  American  society  in  an 
era  of  peace — the  people  slowly  awoke  to  the  convic- 
tion that  they  must  now  conquer  it  on  the  field  of 
arms.  They  were  slow  to  come  to  that  conviction. 
Their  ablest  leaders  were  not  war-statesmen,  and  did 
not  comprehend  at  once  the  full  meaning  of  the  war. 
They  called  it  a '  conspiracy,'  a '  rebellion,'  an  '  insurrec- 
tion' a  'summer  madness/anything  but  what  it  was — the 
American  slave  aristocracy  in  arms  to  subdue  the  people  of 
the  United  States,  with  every  other  aristocracy  on  earth 
wishing  it  success.  But  the  people  did  not  refuse  the 


128  EMANCIPATION: 

challenge.  In  April,  18(31,  they  rushed  to  the  capital, 
saved  their  Government  from  immediate  capture  or 
dispersion,  and  then  began  to  prepare,  after  their  way, 
for — they  hardly  knew  what — to  suppress  a  riot  or 
wage  a  civil  war. 

In  every  such  conflict  as  this  the  aristocracy  has  a 
great  advantage,  especially  if  it  can  choose  its  own  time 
to  begin  the  war.  Never  was  an  oligarchy  more  favor- 
ed in  its  preparations  than  ours.  Since  1820  it  had  con- 
templated and  prepared  for  this  very  hour.  It  had  al- 
most unlimited  control  over  fifteen  States  of  the  TTnion. 
Society  was  constructed  in  all  these  States  on  a  milita- 
ry basis,  the  laboring  class  being  held  in  place  by  the 
power  of  the  sword.  An  aristocracy  is  always  preced- 
ed by  military  ambition ;  for  all  subordinate  orders  of 
its  people  have  acquired  the  habit  of  respect  for  rank 
and  implicit  obedience  to  superiors,  so  essential  to  suc- 
cess in  war.  When  the  war  broke  out,  the  Slave  Pow- 
er was  ready.  Its  arms  and  ammunition  and  forts  were 
stolen  ;  its  military  organizations  had  been  perfected  in 
secret  societies ;  its  generals  were  selected — its  president ' 
perhaps  the  best  general  of  all ;  its  military  surveys 
were  made,  every  Southern  State  mapped,  and  every 
strategical  point  marked ;  its  subordinate  officers,  in 
which  the  real  efficiency  of  an  army  consists,  had  been 
educated  in  military  schools  kept  by  such  teachers  as 
Hill  and  Stonewall  Jackson.  It  had  a  full  crop  of  cot- 
ten  as  a  basis  for  finance.  Its  government  was  practi- 


ITS   CAUSE   AND   PROGRESS.  129 

cally  such  a  despotism  as  does  not  exist  in  the  world. 
At  the  sound  of  the  first  gun  in  Charleston,  the  aristo- 
cracy sprang  to  arms  ;  in  a  fortnight  every  strategical 
point  in  fifteen  States  was  practically  in  its  possession, 
and  Washington  tottering  to  its  fall. 

The  people,  as  the  people  always  are,  were  unpre- 
pared for  war.  Their  entire  energies  had  been  concen- 
trated for  forty  years  in  organizing  the  gigantic  victo  - 
ry  of  peace  which  they  had  just  achieved.  When  they 
woke  up  to  the  idea  that  there  was  yet  another  battle 
to  be  fought  before  the  aristocracy  would  subside,  they 
began  to  learn  the  art  of  war.  And  never  did  the  people 
begin  a  great  war  so  unprepared.  The  people  of  Europe 
have  always  had  military  traditions  and  cultivation  to 
fall  back  upon  in  their  civil  wars.  The  North  had  no 
military  traditions  later  than  the  Revolution,  for  no 
war  since  that  day  had  really  called  forth  their  hearty 
efibrts.  Three  generations  of  peace  had  destroyed  even 
respect  for  war  as  an  employment  fit  for  civilized  men. 
There  were  not  ten  thousand  trained  soldiers  in  all  the 
nineteen  States  in  April,  1861.  There  were  not  good 
arms  to  furnish  fifty  thousand  troops  in  the  possession 
of  the  National  or  loyal  State  Governments.  Most  of 
the  ablest  military  men  of  the  North  had  left  the  army, 
and  were  engaged  in  peaceful  occupations.  Halleck 
was  in  the  law ;  McClellan,  Burnside,  Banks,  on  the 
railroad  ;  Mitchel  and  Sigel  teaching  school  boys  ;  Hook- 
er, Kearny,  McCall,  Dix,  retired  gentlemen;  Fremont 
digging  gold:  Rosecrans  manufacturing  oil,  and  Grant 


130  EMANCIPATION : 

in  a  lanyard ;  and  so  on  to  the  end  of  the  chapter; 
while  Scott,  the  patriot  hero,  who  was  but  once  defeat- 
ed in  fifty  years'  service,  was  passing  over  into  the  help- 
lessness of  old  age,  Of  course  such  a  people  did  not  re- 
alize the  value  of  military  education,  and  fell  into  the 
natural  delusion  that  a  multitude  of  men  carry  ing  guns 
and  wearing  blue  coats  was  an  army  ;  and  any  '  smart 
man '  could  make  a  colonel  in  three  months.  There  was 
not  even  a  corporal  in  the  Cabinet,  and  Mr.  Lincoln's 
military  exploits  were  confined  to  one  campaign,  in 
the  war  of  1812,  and  one  challenge  to  fight  a  duel. 
There  were  not  ten  Northern  men  in  Congre*  who 
could  take  a  company  into  action.  In  short,  the  North 
had  the  art  of  war  to  learn  ;  even  did  not  know  it  was 
necessary  to  learn  to  fight  as  to  do  anything  else;  espe- 
cially to  fight  against  an  aristocracy  that  had  been 
studying  war  for  forty  years. 

For  more  than  three  years  the  people  of  the  Unit- 
ed States  waged  this  gigantic  war  thus  precipitated  up- 
on them  by  their  aristocracy  to  arrest  the  irresistible 
growth  of  modern  society  in  the  republic.  Every  year 
was  a  period  of  great  success,  though  the  peaceful  popu- 
lation, unacquainted  with  war,  and  often  ignorant  of 
the  vast  issues  of  the  conflict,  often  inclined  to  despon- 
dency. Of  course  the  aristocracy  fought  best,  at  first, 
as  every  aristocracy  in  the  world  has  done.  "With  half 
the  number  of  disciplined  troops,  better  commanded 
and  manoeuvred  than  the  Union  forces,  and  the  great 
advantage  of  interior  lines,  supported  by  railroad  com- 


ITS   CAUSE    AND   PROGRESS.  131 

munication  and  possessing  in  Virginia,perhaps,the  most 
defensible  region  in  the  Union,  they  held  the  Army  df 
the  Potomac  at  bay  for  two  years;  thrice  overrun  Mary- 
land and  the  Pennsylvania  border,  and  held  their  forti- 
fied capital,  Richmond;  while  every  step  of  national 
victorious  progress  in  the  Southwest  was  bitterly  con- 
tested. Yet  this  war  of  martial  forces  was  strangely 
like  the  long,  varied  war  of  material,  moral,  and  politi- 
cal forces  of  which  it  was  the  logical  sequel. 

The  Union  navy  won  the  earliest  laurels  in  the  war. 
The  navy  has  been  the  right  arm  of  the  people  in  all 
ages.  The  Athenian  navy  repelled  the  invasion  of 
Greece  by  the  Persian  empire.  Antony,  Pompey,  Csesar, 
the  people's  leaders  in  Rome,  built  up  their  youthful 
power  upon  the  sea.  The  Dutch  and  English  navies 
saved  religious  and  civil  liberty  in  the  sixteenth  century; 
and  all  the  constitutional  Governments  that  now  exist 
in  Europe  came  out  of  the  hold  of  a  British  man-of-war. 
The  United  States,  in  1812,  extemporized  a  navy  that 
gained  the  nation  the  freedom  of  the  seas.  And  the 
navy  led  the  way  in  the  late  war  for  the  freedom  of 
the  continent.  The  aristocracy  felt,  intuitively,  the 
danger  of  this  arm  of  defence,  and  discouraged,  scatter- 
ed, and  almost  annihilated  the  naval  power  before  they 
entered  upon  the  war.  The  active  navy,  in  April,  1861, 
consisted  of  one  frigate,  too  large  to  sail  over  the  bar 
of  Charleston  harbor,  and  one  two-gun  supply  ship  ; 
and  that  in  the  three  successive  years  it  shot  up  into  a 


132  EMANCIPATION : 

force  of  five  hundred  vessels ;  that  America's  new  iron- 
clads and  guns  revolutionized  the  art  of  naval  warfare  ; 
and  established  the  most  effective  blockade  ever  known 
along  two  thousand  miles  of  dangerous  coast;  captured 
Port  Royal  and  New  Orleans,  aided  in  the  opening  of 
the  Mississippi  and  all  its  dependencies,  penetrated  to 
the  cotton  fields  of  Alabama,  occupied  the  inland  waters 
of  North  Carolina  and  Virginia,  seized  every  important 
rebel  port  and  navy  yard  save  four,  and  destroyed  every 
war  ship  of  the  enemy  that  ventured  in  range  of  its 
cannon. 

But  the  army  of  the  Union  was  not  content  to  re- 
main permanently  behind  the  navy  It  moved  slow  be- 
cause it  was  the  people's  pioneer  to  level  the  mountains 
and  fill  up  the  valleys — to  construct  the  highway  for 
Emancipation  from  the  Potomac  to  the  Rio  Grande — 
the  war  was  entered  into  by  the  people  and  the  nation — 
however  slow  the  Chief  Executive  was  to  recognize  it — 
for  the  dissolution  of  slave  Society — on  the  other  hand 
it  was  entered  into  with  the  distinct  understanding 
that  it  was  the  last  expedient  to  save  the  Negro  slave 
oligarchy  of  the  United  States.  From  the  moment 
Southern  members  of  Congress  began  leaving  their  seats, 
the  consolidated  force  of  the  free  North  began 
and  grew  agressive,  asserting  man's  right  to  liberty, 
and  the  duty  of  the  nation  to  be  the  emancipation  of 
the  slave — when  later  in  the  struggle  Congress  and 
the  Executive  differed  as  to  the  demands  of  the  people 
and  the  emergency — when  the  capitalists  of  the  North 


ITS   CAUSE   AND   PROGRESS.  133 

•demanded  the  emancipation  of  the  slaves — Congress- 
men fresh  from  the  people  talked  of  witholding  sup- 
plies from  the  government.  While  the  free  laborers 
of  the  North  then  fighting  in  the  swamps  at  the  South 
demanded  that  the  Negro  should  be  free  and  fight  for 
freedom,  and  when  every  pulpit  at  the  North  lent  its 
aid  to  the  people  for  emancipation  ;  then  Mr.  Lincoln 
as  Chief  Commander  of  the  Army  and  Navy  issued  his 
proclamation  of  emancipation.  The  London  Inquirer 
•(  England )  thus  reviews  the  progress  of  Emancipation 
in  its  struggle  with  the  Slave  power,  1864,  one  year 
after  the  proclamation  was  issued  ;  "  There  are  three 
parties  to  the  American  war.  There  are  the  slave,  the 
bondsmen  of  the  South,  whose  flight  was  restrained  by 
the  Fugitive  Bill,  and  whose  wrongs  have  brought  a- 
bout  the  disruption ;  there  are  the  Confederates,  who, 
when  Southern  supremacy  in  the  republic  was  menaced 
by  the  election  of  Abraham  Lincoln,  threw  ofi°  their  al- 
legiance ;  and  there  are  the  Government  and  its  support- 
ers, who  are  striving  to  restore  the  integrity  of  the 
Union.  These  are  the  three  parties ;  and  as  the  war  has 
gone  on  from  year  to  year,  the  cause  of  the  negro  has 
brightened,  and  hundreds  of  thousands  of  the  African 
race  have  passed  out  of  slavery  into  freedom.  They  flock 
in  multitudes  within  the  Federal  lines,  and  take  their 
stand  under  the  Constitution  as  free  men.  Abandoned  by 
their  former  masters,  or  flying  from  their  fetters,  the 
chattels  become  citizens,  and  rejoice.  No  matter  what 


134  EMANCIPATION : 

their  misery,  they  keep  their  faces  to  the  North,  and 
bear  up  under  their  privations.  Every  advance  of  the 
national  army  liberates  new  throngs,  and  they  rush  ea- 
gerly to  the  camps  where  their  brethren  are  cared  for. 
The  exodus,  continually  going  on,  increases  in  volume. 
"  Such  are  the  colored  freedmen,  the  innocent  vic- 
tims of  the  war,  the  slaves  whom  it  has  marvellously 
enfranchised ;  such  are  the  dusky  clouds  that  flit  o'er  the 
continent  of  America  and  settle  down  on  strange  lands 
— the  harbingers  of  a  social  revolution  in  the  great  re- 
public of  the  West.  More  than  fifty  thousand  are 
formed  into  camps  in  the  Mississsppi  Valley,  and  not 
fewer  in  Middle  and  East  Tennessee  and  North  Alaba- 
ma. It  is  a  vast  responsibility  which  is  cast  upon  the 
Government  and  the  people  of  the  North,  a  sore  and 
mighty  burden ;  and  proportionate  are  the  efforts  which 
have  been  made  to  meet  the  trying  emergency.  The 
Government  finds  rations  for  the  negro  camps,  provides 
free  carriage  for  the  contributions  of  the  humane,  ap- 
points surgeons  and  superintendents,  enlists  in  the  army 
the  men  who  are  suitable,  and  as  far  as  possible,  gives 
employment  to  all.  Clothing  and  other  necessaries  are 
forwarded  to  the  camps  by  the  ton  by  benevolent  hands, 
and  books  for  the  schools  by  tens  of  thousands.  All 
along  the  banks  of  the  Mississippi,  from  Cairo  to  New 
Orleans,  and  in  Arkansas  and  Tennessee,  the  aged  and 
infirm  fugitives,  the  women  and  children,  are  collected 
into  colored  colonies,  and  tended  and  taught  with  a 
care  that  is  worthy  of  a  great  and  Christian  people. 


ITS   CAUSE    AND    PROGRESS.  135 

All  that  can  work  are  more  than  willing  to  do  so ;  they 
labor  gladly  ;  and  among  old  and  young  there  is  an  ea- 
ger desire  for  education.  Books  are  coveted  as  badges 
of  freedom ;  and  the  negro  soldier  carries  them  with 
him  wherever  he  goes,  and  studies  them  wherever  he 
can.  It  is  a  great  work  which  is  in  progress  across  the 
Atlantic.  Providence,  in  a  manner  which  man  fore- 
saw not,  is  solving  a  dark  problem  of  the  past,  and  we 
may  well  look  on  with  awe  and  wonder.  There  were 
thousands  of  minds  which  apprehended  the  downfall  of 
the  '  peculiar  institution.'  There  were  a  prophetic  few , 
who  clearly  perceived  that  it  would  be  purged  away  by 
no  milder  scourge  than  that  of  war.  But  there  were 
none  who  dreamed  that  the  slaveholder  would  be  the 
Samson  to  bring  down  the  atrocious  system  of  human 
slavery  by  madly  taking  arms  in  its  defence !  Yet  so 
it  was ;  and  the  Divine  penalty  is  before  us.  Tho 
wrath  of  man  has  worked  out  the  retributive  justice  of 
God.  The  crime  which  a  country  would  not  put  away 
from  it  has  ended  in  war,  and  slavery  is  a  ruin.' 

Thus  will  the  Historian  mark  the  progress  of 
Emancipation  through  the  red  seething  flames  of  civil 
war,  to  its  consumation.  Following  the  higher  laws  of 
progress,  which  are  immutable,  the  Nation  has  arisen  to 
the  height  of  freedom — Whether  that  height  has  been 
reached  through  the  aid  of  General  Butler's  Contra- 

O 

band  or  President  Lincoln's  Proclamation — or  both — we 
must  judge  from  the  facts  as  they  present  themselves 
in  the  face  of  that  Providence  which  rules  over  the  af- 
fairs of  Nations. 


Since  Emancipation. 


SINCE    EMANCIPATION. 


Undoubtedly,  January  1st,  1863,  will  be  celebra- 
ted for  all  time,  by  Freed  men  and  their  descendants 
in  the  United  States,  as  their  natal  day  of  freedom. 
It  is  true  that  the  Lincoln  proclamation  of  that  date 
was  a  mere  paper  manifesto,  impotent  in  power,  and 
requiring  the  future  success  of  the  Union  arms  to  make 
it  effective;  and  although  the  work  of  emancipation 
was  not  completed  until  December  18th,  1865,  yet  there 
was  a  moral  effect  produced  by  the  proclamation  that 
struck  a  deadly  blow  at  the  one  vulnerable  point  of 
the  slave  Achilles.  From  that  blow  the  fortunes  of 
the  Confederac3T  never  rallied;  it  was  "  the  beginning 
of  the  end, "  for  before  the  moral  force  of  the  Emanci- 
pation Proclamation,  the  waves  of  disunion  receded, 
bearing  with  them  the  wreck  of  a  Confederacy  whose 
corner-stone  was  slavery,  and  leaving  stranded  upon 
the  shore,  nearly  four  millions  of  homeless,  helpless,  ig- 
norant and  degraded  human  beings. 

The  atter-disposal  of  this  wreckage  from  the  storm 
of  civil  war,  was  a  question  of  serious  moment.  Could 
it  be  utilized?  Did  it  contain  any  elements  of  materi- 
al value  to  the  Nation,  or  would  it  remain  forever 
stranded  where  the  waves  of  the  Rebellion  had  cast  it? 
Many  who  admitted  the  justice  and  expediency  ofe- 


SINCE    EMANCIPATION.  139 

mancipation  had  their  misgivings  and  doubts  as  to  its 
results  upon  the  emancipated  race.  Hence  the  question 
arose  in  many  minds,  "  After  Emancipation;  what  ? " 

The  spectacle  is  without  a  parallel  in  the  history 
of  nations.  By  the  mere  scratch  of  the  presidential 
pen,  a  helpless  dependent  people  were  in  a  day  thrown 
upon  their  own  resources,  a  nation  of  homeless  paupers, 
without  even  the  scanty  interest  felt  by  their  former 
masters  in  their  welfare,  transformed  into  virulent  ha- 
tred by  the  sudden  change  in  their  relative  positions. 
It  i&  not  strange  that  many  should  regard  emancipa- 
tion as  a  cruel  kindness  to  the  Negro;  that  doubt 
should  be  expressed  whether  in  the  event  of  the  with- 
drawal of  a  master's  protection,  the  dependent  habits 
taught  the  race  by  two  centuries  and  a  half  of  slavery 
might  not  prove  too  strong  to  prevent  the  freedmen 
from  becoming  the  lazzaroni  of  America;  crowding  the 
highways  and  hedges,  miserable  supplicants  upon  the 
public  charity,  until  from  sheer  inability  to  provide  for 
their  own  wants,  they  would  be  swept  into  extinction 
by  disease  and  famine.  Some,  with  more  vivid  imag- 
inations, remembering  Santo  Domingo,  colored  the 
gloomy  tints  of  this  sombre  picture  with  the  crimson 
flame  of  carnage  and  crime. 

Happily  for  the  nation  as  well  as  for  the  Negro, 
these  pessimists  who  saw  nothing  but  woe  in  the  future 
of  the  freed  people  after  their  emancipation,  are  com- 
pelled to  admit,  now  after  the  lapse  of  nineteen  years, 
their  mistake.  Indeed  no  stronger  testimony  to  the 


140  SINCE    EMANCIPATION. 

record  made  by  the  freedmen  can  be  given,  than  that 
which  is  extorted  by  less  than  a  score  ot  years  trial, 
from  the  lips  of  a  grandson  of  that  apostle  ot  slavery 
and  secession,  John  C.  Calhoun:  "If  my  grandfather 
and  his  associates  had  known  as  much  about  the  Ne- 
gro as  I  know,  and  could  have  had  the  same  faith  in  his 
capacity  for  progress,  which  I  have  attained  from  my 
own  experience,  there  would  have  been  neither  slavery 
nor  war.  " 

Nineteen  years  is  too  short  a  time  to  sum  up  the 
results  of  emancipation  in  a  complete  form,  but  al- 
though the  race  is  yet  in  the  transition  period ,  there 
are  not  wanting  evidences  of  the  continued  progress 
and  growth  of  the  ex-slaves  of  the  Union.  When  the 
odds  against  them  are  considered— their  poverty,  and 
helplessness,  and  the  bitter  prejudice  that  barred  them 
out  from  the  career  possible  to  others  of  a  different 
complexion,  the  progress  made  seems  miraculous.  But 
on  the  other  hand,  it  must  be  remembered,  that  eman- 
cipation when  it  finally  came,  found  the  Negro  better 
prepared  for  it  than  his  friends  or  enemies  imagined. 
For  years  freedom  had  been  his  inspiration  kindled  a 
tiny  spark  within  his  soul  by  secret  religious  teaching, 
the  flame  fed  by  his  hopes  and  prayers,  it  had  grown  to 
be  a  settled  belief  in  the  Negro  mind  that  the  freedom  of 
the  race  would  come  in  the  Lord's  appointed  time. 
This  belief,  deep  hidden  beneath  the  impenetrable  mask 
of  dusky  countenance,  and  an  outward  appearance  of 
contentment  with  theirlot,  explains  in  part  the  mighty 


SINCE    EMANCIPATION.  141 

patience  of  the  race.  They  were  waiting.  With  the  echo 
of  the  shot  fired  at  Sumter,  the  Negro  heard  another 
voice  that  told  him  the  end  was  near,  and  the  hour  so 
long  looked  for  was  at  hand.  But  the  mask  was  not 
dropped,  nor  the  secret  hope  proclaimed  to  the  world, 
for  with  the  fatalistic  creed  of  the  race,  the  Negro  would 
wait  for  freedom  to  come  to  him  ;  he  would  not  seek  it. 
So  with  his  master  at  the  front,  he  toiled  patiently  on 
the  old  plantation,  true  to  his  trust,  until  there  came  to 
his  ear,  the  steady  tramp  of  the  steel-crowned,blue-clad 
legions,  and  before  his  eyes  waved  the  starry  glory  of 
the  Old  Flag,  and  he  knew  that  he  was  free. 

Surely  they  were  not  stupid,  unreasoning  brutes 
who  came  from  the  slave  quarter  to  the  Union  forces, 
the  mask  dropped  at  last,  and  the  eyes  gleaming  with 
a  new  light,  poor  but  grateful, — ignorant  but  resolute, 
saying  "  Feed  our  helpless  little  ones,  while  we  aid  you 
in  the  struggle."  Soon,  stout,  brawny  arms  wielded 
the  spade  in  the  entrenchments,  faithful  dusky  guides 
marched  in  the  van  of  the  Union  army,  and  later  still, 
wearing  the  loyal  blue,  the  black  soldiers  storm  the 
heights  of  Port  Hudson  and  Milliken's  Bend,  crimson- 
ing the  sands  of  Wagner,  and  the  swampy  forests  of 
Olustee  with  their  blood,  and  dying  with  Spartan 
cou  rage  in  that  modern  Thermopylae  "  the  Crater  at 
Petersburg^ 

"With  the  end  of  the  war,  the  debt  of  gratitude 
paid,  there  is  heard  one  universal  appeal  from  the  freed- 
men  :  "  Give  us  the  spelling  book  ! "  To  this  longing 


142  SINCE    EMANCIPATION. 

of  theirs  for  freedom  of  the  mind  as  well  as  the  body, — 
this  desire  to  possess  that "  open  sesame  "  to  wealth  and 
power,  which  had  been  held  like  the  rich  fruits  of  Tan- 
talus, just  beyond  their  reach  in  the  days  of  slavery, 
may  be  attributed  much  of  the  marvellous  growth  of 
the  Negro.  With  the  aid  of  the  spelling  book  and 
Bible  he  has  attained  a  far  higher  position  than  he  ever 
could  have  done  with  the  "  forty  acres  and  a  mule  " 
that  "Wendell  Phillips  demanded  as  a  freedom  gift  for 
him. 

Soon,  all  over  the  South  was  seen  the  strange 
spectacle  of  a  race  at  tchool ;  eagerly  drinking  deep 
draughts  from  the  once-forbidden  well  of  knowledge. 
Living  in  humble  cabins,  toiling  from  sunrise  to  sun- 
set, there  was  one  great  object  that  absorbed  the  ener- 
gies of  the  race.  It  seems  strange  that  prejudice  look- 
ing for  a  type  of  this  people  should  never  look  farther 
than  the  prison  cells,  almshouses,  or  streets  and  gutters 
where  the  refuse  of  the  race  may  congregate,  and  refuse 
to  accept  as  typical  of  the  race  the  great  majority,  who, 
when  the  shackles  of  slavery  fell  from  their  limbs, 
grasped  the  handles  of  the  plow,  and  marked  a  record 
of  their  industry  upon  the  battle-scarred  fields  of  the 
South  ;  who  contentedly  wore  their  rags  and  patches 
that  their  little  ones  might  receive  the  scanty  educa- 
tional facilities  afforded  them ;  sparing  enough  from 
their  slender  wages  to  pay  the  salaries  of  their  minis- 
ters and  teachers,  and  whose  hard-earned  mites  are  yet 
flowing  in  a  continuous  stream  toward  the  building  of 


SINCE    EMANCIPATION.  143 

their  churches  and  schoolhouses, — those  monuments 
that  sprung  up  like  magic  among  these  people,  telling 
to  the  world  of  the  heroic  self-denial  of  an  impoverish- 
ed and  suffering  race.* 

Along  with  the  desire  for  an  education  came  the 
wish  for  a  home,  and  the  same  ambition  that  nerved 
them  in  the  quest  for  education  transferred  slowly  but 
surely  the  once  homeless  serfs  from  the  plantations  of 
their  former  masters  to  the  kindly  shelter  of  their  own 
roof-trees,  and  to  the  prouder  position  of  owners  as 
well  as  tillers  of  the  soil.J 

In  treating  of  the  condition  of  the  freed  people 
since  emancipation,  I  shall  refer  but  slightly  to  the 
successes  and  failures  of  their  political  career,  as  to  al- 
lude to  that  even  in  a  general  way,  would  require  much 
more  space  than  I  have  assigned  to  this  article.  With 
the  political  problem  of  the  South  yet  unsolved,  there 
is  a  partial  bias  given  to  the  subject  of  reconstruction 
by  contemporaneous  historians,  and  it  will  be  a  task 
only  possible  for  a  future  chronicler  of  events  to  do  jus- 
tice to  the  political  position  occupied  by  the  colored 
voters  of  the  South  during  the  first  decade  after  eman- 

*The  6ad  Regiment  U.  S.  C.  I.  in  1866,  began  the  establishing  of  a  school  in  the 
State  of  Missouri,  the  Regiment  contributed  $5,000  (five  thousand )  dollars  for  that 
purpose.  The  6$th  Regiment  U.  S.  C.  I.  gave  $1,379.50  for  the  same  school;  by 
other  contributions  $10,000  was  added  to  this  sum  and  the  Lincoln  Institute  was 
built  at  Jefferson  City,  Mo.,  for  the  education  and  training  of  Colored  Teachers. 
The  State  donates  to  this  Institute  $5,000.  per  annum. 

£  It  is  estimated  that  the  Negroes  in  Georgia  have  accumulated  since  emanci- 
pation, $5,003,000,  in  real  estate  ;  Virginia  $2,000,000  ;  North  Carolina  and  South 
Carolina,  $3,060,000. 


144  SINCE    EMANCIPATION. 

cipation.  Enough  is  known  to  prove  their  honesty  of 
intention,  their  fidelity  to  the  National  Government, 
and  their  blind  devotion  to,  and  consequent  sufferings 
for,  men  who  used  them  as  a  stepping  stone  for  their 
own  ambitious  purposes,  and  then  deserted  them  in 
their  hour  of  need.  The  crimes  charged  upon  the  Negro 
governments  of  the  late  rebel  states,  should  be  placed 
where  they  rightfully  belong ;  upon  the  shoulders  of 
the  men  who  used  them  as  tools  and  dupes.  And  more 
than  all,  in  the  history  of  the  future,  their  mistakes 
and  ignorance  will  not  appear  quite  so  conspcuious, 
when  the  legislation  of  the  reconstruction  period  is 
compared  with  the  legislation  of  their  former  masters. 
The  evident  justice  and  humanity  of  the  one  will  ap- 
pear in  startling  contrast  by  the  side  of  the  insane  ma- 
lignity and  devilish  cruelty  of  the  Black  code.  Nor  is 
there  any  indication  of  the  elimination  of  the  Negro 
element  from  the  future  political  questions.  If  the  race 
can  stand  the  bull-dozing,  ku-kluxing,  the  exodus  and 
all  the  other  untoward  events  of  their  early  political 
career,  without  extinction,  there  is  good  ground  for  the 
belief  that  in  the  future  they  will  possess  their  own. 

SOCIALLY.  Since  emancipation  the  race  has  suffered 
all  the  evils  of  a  people  with  an  unformed  social  stand- 
ing, but  year  by  year  there  is  a  gradual  improvement, 
and  an  advance  toward  better  things  in  this  particular. 
The  virus  implanted  by  slavery  with  its  shameless  li- 
centiousness and  lowering  of  the  human  to  the  brute 
level,  yet  lingers  in  the  veins  of  the  race,  and  it  is  too 


SINCE    EMANCIPATION.  145 

much  to  expect  of  any  people  that  the  flood-tide  of  im- 
morality that  has  swept  over  the  race  for  nearly  250 
years  could  at  once  be  reversed,  and  a  newer  order  of" 
things  be  immediately  instituted. 

Slavery  offered  a  permium  for  licentiousness,  but 
had  no  punishment  for  immorality.  Those  who  should 
tave  set  them  a  better  example,  exerted  every  force  of 
power  and  law  to  debauch  them  and  sink  them  lower 
in  a  sea  of  shame.  The  glory  of  wifehood  and  motherhood 
was  not  theirs.  No  sacred  tie  ordained  of  God  between 
man  and  woman,  but  what  was  with  ruthless  hand 
torn  asunder  and  trampled  under  foot,  and  the  deeper 
the  shame,  the  more  was  it  commended  for  its  profit  to 
the  master.  The  only  check  to  the  wholesale  degrada- 
tion of  the  race  came  in  those  days  from  the  few  feeble, 
flickering  gleams  of  gospel  truth,  that  reached  them 
from  the  lips  of  the  preachers  of  their  race.  Yet  this 
barrier,  feeble  as  it  was,  served  to  keep  the  waves  of  sin 
and  shame  from  overflowing  many  a  soul  and  made  a 
foundation  on  which  to  build  a  purer  social  fabric  when 
emancipation  prepared  the  way. 

The  condition  of  the  homes  and  churches  of  the 
race  bear  testimony  to  the  social  progress  made  ;  but 
very  few.  of  the  whites  realize  this  social  improvement, 
because  they  lack  the  moral  courage  to  cross  the  social 
gulf,  and  learn  the  truth  for  themselves.  They  may  be 
acquainted  with  the  colored  servants  in  their  kitchens, 
the  colored  laborers  in  their  fields  or  stores,  but  of  the 
other  class  who  have  lifted  themselves  by  education 


146  SINCE    EMANCIPATION. 

and  wealth  above  the  sphere  of  dependence  upon  themr 
they  know  almost  nothing. 

Yet  there  is  a  class,  and  one  that  widens  year  by 
year,  as  education  and  industry  lifts  them  up,  who  can 
combine  intelligence,  refinement,  wealth  and  even  lux- 
ury in  their  home  circles,  and  herein  lies  a  great  hope 
for  the  race.  With  a  well-defined  social  circle  and  its 
corresponding  power  and  influence,  there  will  always 
be  an  incentive  to  the  young  to  elevate  themselves  to 
that  stand-point,  from  which  position  alone  can  they 
lend  a  helping  hand  to  the  fortunes  of  their  race.* 

FINANCIALLY.  Against  the  oft  repeated  allegations 
as  to  the  Negro's  lack  of  energy,  indolence,  and  general 
incapacity  to  provide  for  the  wants  of  himself  and  fam- 
ily, may  be  set  the  fact  that  the  emancipated  race  from 
the  start  convinced  the  friends  and  enemies  of  their  in- 
tention and  ability  to  take  care  of  themselves.  The 
newer  South  must  own  her  obligation  for  the  advanc- 
ed position  occupied  to-day,  not  only  to  the  influx  of 

*  The  social  progress  of  the  Negro  is  marked  by  his  advance  and  conception  of 
moral  responsibility  and  duties.  No  church  will  tolerate  him  with  two  or  more 
wives,  nor  permit  him,  as  a  member,  to  live  clandestinely  with  a  woman  as  before 
Emancipation.  The  mother  of  an  illegitimate  child  is  now  the  outcast  of  elite 
society,  and  not  the  belle  as  in  slavery  times. 

In  compliance  with  the  spirit  of  the  Negro  population  of  Virginia,  Hon.  Little- 
ton Owens,  member  of  the  General  Assembly  of  Virginia,  from  Princess  Anne 
County,  introduced  the  following  in  the  Virginia  Assembly  : 

"  A  BILL  to  suppress  Miscegenation  in  the  state  of  Virginia, 

i.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  any  white  person 
who  shall  commit  adultery  or  fornication  wi^h  a  negro,  or  any  negro  who  shall 
commit  adultery  or  fornication  with  a  white  person,  shall  be  fined  not  less  than  one 
hundred  dollars,  and  confined  in  the  county  or  corporation  jail  not  less  than  six 
months. 


SINCE    EMANCIPATION.  147 

Northern  capital,  but  to  the  brawny  arms  from  which 
the  shackles  of  slavery  so  recently  dropped.  Counting 
all  the  aid  received  from  public  and  private  charities, 
it  will  be  lost  from  sight  in  comparison  with  the  great 
needs  of  nearly  four  millions  of  destitute,  homeless  fel- 
low-creatures. Yet  they  were  fed,  clothed,  housed,  edu- 
cated in  part,  maintained  in  great  part  their  own  min- 
isters and  teachers,  builded  churches  and  school  hous- 
es, and  year  by  year  added  to  the  taxable  basis  of  prop- 
erty in  the  South ;  and  this  happy  result  is  due  to  the 
industry  and  economy  of  the  race.:}: 

As  the  Negro  must  for  certain  reasons  have  a 
monopoly  of  the  labor  of  the  South,  there  is  but  one 
thing  that  will  prevent  him  in  the  future  from  using 
the  potent  power  of  wealth  as  a  factor  in  his  elevation. 
One  of  the  accursed  legacies  of  slavery  was  the  mutual 
distrust  of  each  other  that  yet  exists.  Working  hard 

2.  Any  person  who  shall  lewdly  and   lasciviously  associate  and  cohabit,  or  be 
guilty  of  open  and  gross  lewdness  and  lasciviousness,  with  a  white  person,  or  any 
white  person  who  shall  lewdly  and  lasciviously   associate  and  cohabit,  or  be  guilty 
of  open  and  gross  lewdness  and   lasciviousness,  with  a  negro,  shall  be  confined  in 
the  penitentiary  not  less  than  two  nor  more  than  five  years,  or,  at  the  discretion  of 
the  jury,  be  fined  not  less  than  two  hundred   dollars,  and  confined  in  the  county  or 
corporation  jail  not  less  than  twelve  months. 

3.  This  act  shall  be  in  force  from  its  passage." 

Though  this  act  failed  to  pass,  it  gave  a  coloring  to  the  legislation  of  the  assem- 
bly, and  evoked  universal  criticism  from  the  Press  of  the  state  in  its  favor. 

Prejudice  is  fast  disappearing ;  marriages  between  whites  and  blacks  are  toler- 
ated in  nearly  all  the  Middle,  Eastern  and  Western  States,  the  word  white  having 
been  stricken  from  their  constitutions.  In  all,  except  perhaps  one  or  two  of  the 
Southern  States,  rail-road,  steamboat  andfcotel  accommodations  are  open  alike  to  all. 

$The  principal  products  of  Negro  labor  for  1879,  were  :  cotton,  2,363,540,900  Ibs. 
tobacco,  391,278,350  Ibs.,  sugar,  10,386,880,000  Ibs,  Bales  of  cotton,  1880,  5,767,3^7. 


148  SINCE    EMANCIPATION. 

enough  as  individuals,  they  have  yet  to  learn  the  neces- 
sity of  cooperation ;  for  it  is  only  by  combining  their 
mutual  resources,  and  working  for  the  elevation  of  the 
many  rather  than  the  few,  that  they  can  render  their 
success  in  life  certain,  and  their  oppression  impossible.* 
INTELLECTUALLY,  the  advance  made  is  perhaps  more 
marked  than  any  other.    It  was  noticed  from  the  first, 
and  the  aptness  shown  by  the  freed  pebple'for  intellectu- 
al acquirements  was  contemptuously  ascribed  by  their 
enemies  to  a  monkey-like  power  of  imitation,  but  as 
year  after  year  shows  a  constant  advance,  despite  the 
curse  of  poverty  and  prejudice,  it  is  not  saying  too  much 
to  attribute   it   to  the  intuitive  quickness  of  intellect. 
Greater  incentives  are  held  out  also  to  the  students  of 
this  race  than  any  other.     The  embryo  colored  lawyer, 
doctor,  minister  or  teacher  on  graduating  from  college 
does  not.  like  the  white  graduate,  find  himself  in  a 
profession  already  overcrowded,  and  realize  that  his 
future  success  in  life  depends  upon  that  unwritten  but 
forcible  law  "  the  survival  of  the  fittest."     On  the  .con- 
trary, the  supply  will  not,  for  years  to  come,  equal  the 
demand  for  colored  men  in  the  arts,  sciences  an ,.,   pro- 
fessions, and  herein  lies  a  great  hope  for  the  race  in  the 
future.:}: 

*  $17,0*0  was  paid  by  the  Freedmen  for  the  Emancipation  Monument. 
From  1865  to  1874  the   Freedmen   deposited   in  the   Freedmen's   Savings  and 
Trust  Company  Banks,  several  millions  of  dollars, and  this  the  first  ten  years  after 

Emancipation.  This  Institution  collapsed  in  i874,with  Hon.Fred  Douglas  as  its  Prest, 

I 

±The  educational  advancement  of  this  people  is  so  prodigious  and  wide-spread 
that  no  single  fact  will  serve  to  illustrate  it ;  from  the  highest  institutions  of  learn- 
ing in  the  land,  young  men  and  women  are  graduating  continually,  with  high  hon- 


SINCE    EMANCIPATION.  149 

The  RELIGIOUS  improvement  of  the  colored  people 
has  made  itself  more  apparent  in  church  euterprizes, 
than  in  worship  or  belief.  As  a  people,  they  have  deep 
religious  instincts,  and  strong  attachment  to  evangeli- 
cal truth.  Scepticism  is  almost  unknown  among  a  peo- 

ors.  In  nearly  all  the  Northern  States,  including  New  York,  prejudice  has  so 
subsided,  that  all  distinction  in  schools  on  account  of  color  is  done  away  with,  all 
classes,  nationality  and  color  attend  the  same  schools. 

At  the  South,  the  Negro  has  just  begun  to  demand  mixed  schools  ;  the  question 
is  destined  to  occupy  no  unimportant  place  in  the  politics  of  this  section  in  the  near 
future. 

At  the  Press  Convention  held  at  Washington.  D.  C,  June,  1882,  at  which, 
representatives  from  twenty-five  Newspapers  published-by  Negroes,  were  present, 
the  question  of  mixed  schools,  "shall  we  advocate  them?"  was  discussed.  Mr. 
George  S.  Richardson  read  a  paper  demanding  they  should,  and  said  : 

"  The  first  question  which  suggests  itself  is,  have  we  the  right  to  claim  the 
benefits  of  mixed  schools  ?  I  have  no  hesitancy  in  saying  that  the  parent  has  the 
right  to  send  his  child  to  any  school  in  the  district  in  which  he  resides,  provided  the 
qualifications  of  the  child  is  sufficient  to  guarantee  such  claims.  Such  right,  I  con- 
tend, accrues  to  him  on  the  basis  of  that  relation  he  bears  to  the  community  at 
large,  as  an  equal  factor  in  the  body  politic,  amenable  to  its  laws  and  entitled  to  a 
share  in  its  benefits.  And  it  is  fair  to  state  that  all  forms  of  proscription  exercised 
by  one  portion  of  a  community  against  another  are  repugnant  to  the  true  ends  of 
organization  and  consequently  dangerous — dangerous  not  because  they  mere  ly 
stamp  the  present  generation,  still  groaning  under  the  weight  of  social  and  civil 
ostracism— the  outgrowth  of  a  condition  of  slavery— but  because  they  have  a  ten- 
dency to  perpetuate  the  foolish  distinctions  which  will  fall  like  a  blight  on  our 
children  and  on  our  children's  children.  On  the  question  of  the  rights  of  the  color- 
ed man,  the  Constitution  of  the  United  States  is  perfectly  clear.  A  portion  of  the 
i4th  Amendment  reads  :  "  No  State  shall  make  or  enforce  any  laws  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the  United  States."  Hence,  it 
follows  that,  if  a  corporation  or  a  state  institutes  a  system  which  enforces  unjust 
discriminations  against  certain  classes  of  American  citizens,  then  such  system  is  an 
abridgement  of  the  rights  and  immunities  of  the  above  class  and  therefore  uncon- 
stitutional. Jefferson  advocated  the  theory  that  the  enslavement  of  the  Negro  was 
in  violation  of  the  laws  of  nature  ;  that  it  was  -wrong in pri nciple  morally,  socially 
and  politically.  If  this  be  so,  then  any  system  which  perpetuates  the  prejudices 
which  had  their  root  in  a  condition  of  slavery,  is  equally  wrong  in  principle  moral- 
ly, socially  and  politically." 


150  SINCE     EMANCIPATION. 

pie  whose  faith  in  God  never  wavered  in  that  long  night- 
trial  of  bondage,  and  as  in  slavery  their  religious  belief 
was  the  one  thing  to  which  their  strong  emotional  na- 
tures could  cling,  so  in  the  life  of  the  free  man  of  to-day, 
religion  finds  a  prominent  place. 

The  religious  growth  would  seem  marvellous  to 
one  unacquainted  with  the  fact  that  the  foundation  for 
it  was  laid  amid  the  trials  of  slavery,  and  this  is  a  har- 
vest from  seed  sown  with  tears,  in  "days  gone  by. 

Gradually,  ignorance  is  being  supplanted  by  intel- 
ligence in  the  pulpit,  and  as  a  result  of  more  enlighten- 
ed teachings,  the  absurd  extravagancies  which  charac- 
terize so  much  of  the  so  called  worship  among  the  col- 
ored people,  will  bo  replaced  by  a  more  rational  form  of 
devotion.  Greater  results  will  be  realized  also,  when 
religion  among  them  takes  a  more  practical  form,  and 
bears  more  substantial  fruit  than  mere  emotional 
feeling.* 

GROWTH  IN  POPULATION. — Since  1860  the  status  of 
the  Negro,  respecting  population  in  the  South  particu- 
larly, has  been  argumentatively  discussed  through  the 

*  The  estimated  number  of  church  members  are  as  follows:  African  M.  E. 
Church,  391.  >44  ;  Methodist  E.  Zion  Church,  200,000;  Colored  M.  E.  Church, 
120,200;  Methodist  Episcopal  .Church,  3:0,000;  Baptist  Church,  517,000:  Total 
1,538,244.-. 

The  African  Methodist  E.  Church  owned  in  1836  $43,000,  in  church  property  at 
the  North.  Since  Emancipation  and  the  establishing  of  churches  at  the  South,  its 
accumulations  have  been  wonderful.  In  1881  the  total  amount  of  property  owned 
by  this  denomination  was,  according  to  their  Budget,  $3,073,254.20. 

The  Baptists  are  the  most  numerous,  but  not  having  a  general  organization — I 
have  tried,  but  in  vain,  to  ascertain  their  worth. 


SINCE    EMANCIPATION.  151 

leading  journals  and  periodicals  of  this  and  other  coun- 
tries. More  or  less,  our  own  people  discussed  the  sub- 
ject from  a  partisan  and  political  stand-point,  and  held 
that  on  account  of  the  sudden  change  from  slavery  to 
freedom,  causing  a  radical  change  in  the  mode  of  liv- 
ing, work  and  relationship  to  those  who  heretofore 
bore  to  him  the  relation  of  master  that  the  Negro  was 
•"fast  dying  out."  This  conclusion  of  these  writers  was 
substantiated  by  their  reasoning,  not  only  by  the  re- 
ports of  the  local  boards,  and  sanitary  committees  of 
the  Gulf  States,  but  by  the  reports  of  the  National 
board  of  health  also,  and  it  is  strange  but  true,  that  a- 
mong  those  who  argued  thus,  were  men  fully  acquaint- 
ed with  and  learned  in  the  laws  and  science  of  popu- 
lation. Thecensus  ot  1870  did  not  show  a  natural  increase 
of  the  Negro  in  these  states,  as  a  more  careful  and  dili- 
gent inquiry  doubtless  would  have  shown,  yet  there 
was  nothing  disparaging  in  the  claims  though  the  in- 
•crease  of  the  white  population  was  reported  greater 
than  that  of  the  Negro,  and  affirmed  the  doctrine  that 
though  slavery  degraded  the  Negro,  liberty  would  de- 
stroy him.  There  were  those  who  held, — yet  admit- 
ting the  census  reports  to  be  true,  attributing  the  lack 
of  a  plenary  increase  to  the  disturbed  state  of  societj^ 
during  the  decade  from  1860  to  1870 — that  the  Negro 
was  holding  his  own,  and  that  the  recoil  was  in  keep- 
ing with  the  great  laws  of  increase — preparatory — and 
that  in  a  state  of  freedom,  population  increased  more 
rapidly  than  in  slavery,  in  wedlock  than  in  Polygamy. 


152  SINCE    EMANCIPATION. 

They  held  further,  that  the  census  of  1870  was  defec- 
tive, which  the  returns  of  1880  show  conclusively.  In 
1860,  there  were  4,441,830  Negroes  in  the  United 
States ;  in  1870  the  returns  gave  4,880,000,  an  increase 
of  439,000  ,  but  in  the  returns  of  1880  for  the  ten  years 
preceding,  there  were  given  6,577,151,  thus  showing 
an  increase  of  1,697,151,  and  over  that  of  1870  of  1,- 
258,  151,  by  this,  when  compared,  will  show  a  greater 
multiplication  of  population  in  ten  years  than  in  any 
two  decades  previous  to  the  war. 

The  number  of  Negroes  in  each  State  is  thus  given 
by  the  census  returns  of  1880. 

Alabama,  600,103  ;  Arkansas,  210,066  ;  California, 
6,018  ;  Colorado,  2,435  ;  Connecticut,  11,547  ;  Dela- 
ware, 26,442 :  Florida,  126,690  ;  Georgia,  725,133 ;  Illi- 
nois, 46,368  ;  Indiana,  39,228  ;  Iowa,  9,516  ;  Kansas, 
43,107  ;  Kentucky,  271,451 ;  Louisiana,  483,655  ;  Maine 
1,451;  Maryland,  210,230;  Massachusetts,  18,697; 
Michigan,  15,100 ;  Minnesota,  1,564 ,  Mississippi, 
650,291 ;  Missouri,  145,350  ;  Nebraska,  2,385  ;  Nevada. 
488  ;  New  Hampshire,  685 ;  New  Jersey,  38,853  ;  New 
York,  65,104;  North  Carolina,  531,277  ;  Ohio,  79,900; 
Oregon,  487 ;  Pennsylvania,  85,5<J5 ;  Rhode  Island, 
6,488  ;  South  Carolina,  604,332 ;  Tennessee,  403,151 ; 
Texas,  393,384 ;  Vermont,  1,057;  Virginia,  631,616; 
West  Virginia,  25,886;  Wisconsin,  2,702.  Total, 
States,  8,518,372. 

TERRITORIES. — Arizona,  155  ;  Dakota,  401 ;  Dis- 
trict of  Columbia,  59,596  ;  Idaho,  53  ;  Montana,  346  ; 


SINCE    EMANCIPATION.  153 

New  Mexico,  1,015  ;  Utah,  232 ;  Washington,  325  : 
Wyoming,  298.  Total,  Territories,  62,421.  Total, 
United  States,  6,580,793. 

The  total  number  of  Negroes  in  these  States  and 
Territories,  as  reported  by  the  census  of  1870,  was  4,- 
886,887;  and  in  1880,  6,580,793.  The  increase  in  the 
former  slave-states  from  1870  to  1880,  is  shown  by 
the  following  census  returns  :— 

States.  1870.  1880.  Net  increase 

in  ten  yea'rs. 

Alabama 475,510 600,141 142,631 

Arkansas 122,169 210,622 88,453 

Delaware 22,794 26, 456 3,662 

Florida 91,689  125,262 33,573 

Georgia 545>!42 724,654 179.5*2 

Kentucky 222,210 271,462 49,252 

Louisiana 364,210  483,898 119,688 

Maryland ,..    175,391 209,896 34,5°5 

Mississippi 444,201    652, 221 908,020- 

Missouri .    .....    118,071 145,046 26,975 

North  Carolina 391,650 351,316 139,666 

South  Carolina 415.814 604,325 188,511 

Tennessee 322,331    402,994 80,660 

Texas 253,475 393,384 39>9<>9 

Virginia 512,841 631,756   118,915 

West  Virginia  17,980 25.729 7,749 

The  total  number  of  Negroes  in  these  States,  wa& 
4,495,478  in  1870,  and  5,643,891  in  1880.  This  shows 
during  these  ten  years  the  enormous  increase  of 
1,541,797,  or  nearly  33  per  cent.  During  the  preceding 
decade  the  colored  population  of  this  group  of  States 
increased  only  223,614,  or  about  5^  per  cent.  The  to- 
tal was  4,018,389  in  1860,  and  4,242,003  in  1870. 

(J) 


154  SINCE    EMANCIPATION. 

The  increase  and  decrease  of  the  Negro  population 
by  States,  1880. 

•  Increase. 

South  Carolina 10,909            Arizona 121 

Mississippi 9,936            Colorado 121 

Louisiana 5»735             West  Virginia. ..   ....  115 

Georgia 3,678            Iowa 100 

North  Carolina 3,527            New  York 92 

Arkansas i  ,863            Massachusetts 78 

District  of  Columbia.    1,053            Rhode  Island 62 

Tennessee 944            New  Jersey 51 

Connecticut 688            Vermont 32 

Indiana 528            Minnesota 28 

New  Mexico 409            Utah 6 

Illinois 380             Wisconsin 7 

Pennsylvania 144            New  Hampshire 4 

Ohio.    126 

Decrease. 

Texas 1 1 ,985            Delaware 294 

Florida 6,993             Missouri 197 

Alabama . .    574            Montana 187 

Wyoming ,. .       559             California  147 

Kentucky 514            Nebraska 118 

Dakota 443            Oregon 100 

Kansas,       412            Michigan 87 

Washington 403            Nevada 48 

Idaho 365             Maine 38 

Virginia  309             Maryland 3 

As  a  whole,   there  has   been  a  gain  of  625  on  an   assumed 
basis  of  100,000  whites,  as  above. 

The  Negro  population  of  the  United  States  at  each 
decade,  since  1790. 

J79o 757,363  ' 

1800 1,001,463 

1810 1,377,810 

1820 1,771,562 

1830 2,328,642 


SINCE    EMANCIPATION.  155 

1840 2,873,758 

1850 3,638,762 

1860 4,435,709 

1870 4,886,387  * 

1880 6,580,793 

In  conclusion,  the  advocates  of  emancipation  and 
friends  of  the  freed  people  need  not  be  discouraged  be- 
cause nineteen  years  of  trial  have  not  entirely  wiped 
away  all  traces  of  two  centuries  and  a  half  of  slavery's 
debasement.  To  expect  that  in  this  short  period  the 
oppressed  and  degraded  race  would  be  able  in  all  things 
to  measure  up  to  the  standard  of  the  most  enlightened 
people  on  earth,  is  to  expect  an  impossibility.  Yet, 
comparing  them  with  other  races,  the  verdict  of  the  fu- 
ture will  be  that  no  nation  ever  came  from  so  low  a 
level  and  rose  to  so  great  a  height  in  so  short  a  time. 
The  nineteen  years'  history  of  the  ex-slaves  of  the  Uni- 
ted States  since  '63,  is  their  vindication  against  the 
prejudice  and  hatred  that  belied,  slandered  and  oppress- 
ed them. 

In  the  search  for  materials  to  build  into   the  citi- 
zen framework  of  the  Republic,  there   is   here  a  large 
and  increasing  quantity  of  material  that  needs  no  such 
violent  change  ot  ideas  and  customs,  nor  purging  out 
of  socialistic  or  monarchial  notions  KS  do  the  emigrants 
sent  to  our  shores  from  the  Old  World.    Neither  aliens 
in  religion  nor  social  customs,  there  is  no  danger  to   be 
feared  from  them  to  our  peculiar  form  of  government, 
but  in  the  6,000,000  of  our  colored  population  there   is 
a  Samson's  strength  that  may  be  relied   upon   for  the 
defense  of,  but  will   never  be   exerted   in  the  pulling 
down  of  the  educational  and  religious  pillars  that  sup- 
port our  republican  form  of  government. 


CEREMONIES 

Attending  the  Inauguration  of  the  Freedmeris  Memorial  Monu- 
ment to  Abraham  Lincoln,  at  Lincoln  Park, 
Washington  City,  April  I4th,  i8j6. 


The  eleventh  anniversary  of  the  death  of  Abraham 
Lincoln  was  made  a  most  fitting  occasion  for  the 
ceremonies  attending  the  unveiling  of  the  Lincoln  stat- 
ue, at  the  National  Capitol  in  Lincoln  Park.  It  had 
originally  been  intended  by  the  committee  having  the 
matter  in  charge  to  unveil  the  statue — which  is  de- 
signed to  commemorate  the  great  act  of  Lincoln's  life, 
the  liberation  of  the  slave  in  the  South — upon  the  an- 
niversary of  the  day  upon  which  the  memorable  pro- 
clamation was  issued,  but  as  that  day  came  on  Sunday 
it  was  concluded  to  have  the  ceremony  performed  on 
the  anniversary  of  another  event  in  the  history  of  liber- 
ty— sadder  but  not  less  memorable.  The  arrangements 
for  the  exercises  were  complete,  and  the  exercises  which 
had  been  previously  arranged  were  carried  out  with- 
out interruption  or  the  slightest  unpleasantness.  It 
was  evident  at  an  early  hour  that  preparations  were 


158  THE    EMANCIPATION   MONUMENT. 

being  made  for  some  unusual  ceremony.  The  day  hav- 
ing been  declared  a  public  holiday  by  Congress,  every 
one  was  free  to  participate  in  the  exercises  or  to  wit- 
ness the  spectacle  of  a  grateful  race  doing  homage  to  a 
cherished  name. 

Long  before  the  procession  appeared  upon  the  streets, 
the  sidewalks  were  lined  with  people,  and  the  windows 
were  crowded  with  spectators.  The  flags  upon  the 
Senate  and  House  of  Representatives,  the  public  build- 
ings, and  many  private  buildings,  were  suspended  at 
half-mast. 

ISTearly  all  of  the  colored  organizations  in  the  city 
took  part  in  the  parade,  and  the  vicinity  of  Seventh 
and  K  streets,  which  was  selected  as  the  rendezvous, 
presented  a  very  animated  scene  during  the  formation 
of  the  line.  After  all  had  been  assigned  to  their  plac- 
es, about  noon,  the  command  to  march  was  given,  and 
the  procession  moved.  The  column  was  preceded  by 
a  detachment  of  mounted  police,  under  the  command 
of  Sergeant  Redway,  and  moved  in  the  following 
order: 

Charles  H.  Marshall,  chief  marshal;  Aaron  Russell, 
right  aid;  Robert  Hatton,  left  aid;  John  W.  Freeman, 
chief  of  staff;  Edward  Allen,  Samuel  Martin,  Isaac 
Davenport,  Thos.  H.  Smith,  B.  Freeman,  Jas.  F.  Jack- 
son, Thos.  W.  Chase,  Edward  Brockenburgh,  Robert 
Ward,  Perry  H.  Carson,  Henry  C.  Bolden,  "\Villiam 
H.  Edinburgh,  Dr.  Tucker,  Henson  Davis,  W.  A  Lav- 


THE    EMANCIPATION   MONUMENT.  159 

alette,  Isaac  Shiner,  James  H.  Hill,  James  A.  Green, 
William  H.  Simpson,  St.  Glair  Burley,  John  D.  Wal- 
lace, Edward  Morris  and  Lloyd  Brooks,  staff  officers. 

First  battalion  colored  troops,  commanded  by  Major 
C.  B.  Ficher  (headed  by  the  Philharmonic  band,  of 
Georgetown,  Prof.  King,  leader) ;  Company  A,  Captain 
Poland;  Company  B,  Captain  Marshall,  and  Company 
C,  Captain  Graham. 

Next  followed  the  Knights  templar,  making  an  at- 
tractive appearance.  Rising  Sun  Commandery,  K.  T., 
of  Baltimore,  headed  by  the  Monumental  band,  A.  Mose- 
ley,  E.  commander;  J.  S.  Brown,  generalissimo;  E.E  . 
Auguster,  captain  general.  Excelsior  cornet  band,  of 
Baltimore.  St.  John's  Commandery,  No.  2,  of  the 
same  city,  S.  W.  Chase,  E.  commander;  E.  Carty,  gen- 
eralissimo; H.  Wadde,  captain  general.  Emanuel  Com- 
mandery, No.  3,  K.  T.,  also  of  Baltimore,  I.  M.  Wad- 
dey,  commander. 

The  Knights  of  St.  Augustine  came  next.  There 
are  two  organizations.  Knights  of  St.  Augustine 
(original),  No.  1,  S.  Burns,  captain  general;  B.  H.  Wa- 
ters, marshal;  James  Gant  and  A  Fletcher,  aids,  head- 
ed by  the  Beethoven  band. 

Knights  of  St.  Augustine,  No.  2.,  W.  W.  Smith, 
commander;  John  Eglin,  captain  general;  John  Mitch- 
ell, deputy,  headed  by  the  National  band.  They  had 
in  line  a  fine  banner;  on  the  front  a  painting  of  the 
saint. 


160  THE    EMANCIPATION   MONUMENT. 

Carriages  containing  Prof.  Langston,  Hon.  F.  Doug- 
lass, Mr.  W.  E.  Matthews  and  others. 

Next  came  the  South  Washington  band  and  Sons  of 
Purity,  Sons  of  Levi,  Good  Samaritans,  Young  Men's 
(Island)  Benevolent  Association,  Sons  of  Zion,  Sons  of 
St.  John,  Labor  League,  carrying  a  large  United  States 
flag;  Pioneer  Corps,  of  Alexandria,  uniformed  in  black 
pants  and  blue  shirts,  and  headed  by  a  drum  corps. 

The  route  was  along  K  street  to  Seventeenth,  to 
Pennsylvania  avenue  through  the  grounds  of  the  Ex- 
ecutive Mansion;  along  Pennsylvania  avenue  to  First 
street  west,  to  C  street  north,  to  First  street  east,  to 
East  Capitol  street,  to  the  park. 

During  the  march  of  the  procession  Prof.  Widdows, 
of  the  Metropolitan  M.  E.  Church  chimes,  played  on 
the  bells  national  airs  of  different  countries,  "Funeral 
Changes,"  in  E  minor;  "Funeral  March,"  in  A  minor; 
Scotch  melody,  "A  Man's  a  Man  for  a'  That,"  "Hold 
the  Fort,"  "Mary  Elaine,"  "Uncle  Ned,"  &c. 

Long  before  the  procession  reached  the  park  the  peo- 
ple began  to  gather  there,  having  come  by  a  more  di- 
rect route  than  the  column.  The  Statue  was  draped 
and  entirely  concealed  in  flags,  and  considerable  curi- 
otity  to  see  the  forms  under  the  bunting  was  manifest- 
•  ed.  In  front  of  the  statue  a  large  stand  had  been  e- 
rected  for  the  reception  of  the  speakers  and  the  guests 
invited  by  the  committee. 

After  the  procession  arrived  upon  the  grounds  the 
stand  was  soon  filled  with  guests.  Immediately  be- 


THE   EMANCIPATION  MONUMENT.  161 

hind  the  speaker's  stand  were  seated  President  Grant, 
Senator  Ferry,  the  members  of  the  Cabinet  and  the 
Justices  of  the  Supreme  Court,  Senators  Morton,  Bout- 
well,  Spencer,  Sherman,  Bruce  and  others  of  the  Senate; 
Assistant  Secretary  of  tbe  Treasury  Conant,Hons.  S.  S 
Cox,  !N.  P.  Banks  and  other  members  of  the  house; 
the  Japanese  Minister,  Seargent-at-Arms  "French,  Dr. 
C.  C.  Cox,  Hon.  W.  B.  Snell,  Dr.  J.  B.  Blake,  the  dis- 
tinguished gentlemen  who  were  to  take  part  in  the  exer- 
cises, and  many  other  distinguished  personages. 

The   Marine  band,  stationed  at  the   right   of  the 
stand,  opened  the  exercises  by  playing  "Hail  Columbia." 

Professor  John  M.  Langston,  Chairman  of  the  Nat- 
ional Committee  of  arrangements,  presided. 
Bishop  John  M.  Brown,  of  the  African  M.  E.  Church, 
offered  a  devout  prayer,  during  the  utterance  of  which 
a  solemn  and  reverent  silence  was  maintained  through- 
out the  vast  throng. 

Hon.  J.  Henri  Burch,  of  Louisiana,  read  the  pro- 
clamation of  emancipation,  which  was  received  with 
as  much  enthusiasm  as  if  it  had  just  been  issued,  and 
at  the  conclusion  the  Marseillaise  hymn  was  played. 

Prof.  Langsron  then  introduced  Mr.  James  E.  Yeat- 
man,  president  of  the  Western  Sanitary  Commission. 

Mr.  peatman  said:  The  Rev.  Win.  G.  Eliot  of  St. 
Louis,  to  whom  had  been  assigned  the  presentation  01 
the  monument  for  the  acceptance  and  approval  of  those 
who  had  contributed  the  funds  for  its  erection,  and  to 


162         THE  EMANCIPATION  MONUMENT. 

give  a  short  historical  account  of  the  same,  has  been 
prevented  from  doing  so,  and  it  has  only  been  within  the 
last  few  hours  that  I  received  notice  that  he  could  not  be 
present,  and  that  I  was  requested  to  take  his  place, 
which  I  am  but  poorly  qualified  to  do.  Asking  your 
kind  and  considerate  indulgence,  I  shall  proceed  to  do 
so,  as  the  representative  and  president  of  the  Western 
Sanitary  Commission,  to  whom  was  intrusted  the  con- 
tributions of  freedmen,  and  the  expenditure  of  the  same 
for  the  erection  of  the  freedmen's  memorial  at  the  Nat- 
ional Capital. 

It  is  perhaps  proper  that  I  should  tell  you  how  it 
was  that  a  sanitary  commission  came  to  be  en  trusted  with 
this  work.  This  commission,  composed  of  Rev.  Wm. 
Or.  Eliot,  George  Partridge,  Carlos  S.  Greeley,  Dr.  J.  B  • 
Johnson  and  James  E.  Yeatman,  well  known  Union 
citizens  of  St.  Louis,  were  appointed  by  General  John 
C.  Fremont,  and  afterwards  ratified  by  Secretary  Stan- 
ton.  Their  duties  principally  were  to  look  after  the 
sick,  fit  up  and  furnish  hospitals,  provide  competent 
nurses,  &c.  But  as  the  war  progressed  their  duties  were 
greatly  enlarged.  The  care  ol  families  and  orphans  of 
soldiers,  Union  refugees,  the  freedmen;  in  short,  all  the 
humanities  growing  out  of  the  war  came  under  their 
charge.  For  these  purposes  large  sums  of  money,  cloth- 
ing. &c.,  were  contributed  and  sent  to  them,  and. I  can 
say  honestly  and  judiciously  expended.  Their  total 
receipts  amounted  to  over  four  and  a  quarter  millions, 
the  whole  of  which  was  the  spontaneous  gift  of  indi- 


THE   EMANCIPATION   MONUMENT. 

viduals  in  all  parts  of  the  country,  from  San  Francisco 
to  Maine,  and  without  the  aid  of  a  single  organized  aux- 
iliary association. 

And  finally,  after  the  war  was  closed;  after  the  la- 
mented, honored  and  loved  Lincoln  had  been  so  foully 
assassinated  in  this  city,  five  dollars  was  sent  to  us — 
the  contribution  of  Charlotte  Scott,  a  poor  slave  wo- 
man, who,  on  hearing  of  the  assassination  of  President 
Lincoln,  went  in  great  distress  to  her  mistress — that 
had  been,  for  she  was  then  free — and  said  to  her:  "The 
colored  people  have  lost  their  best  friend  on  earth !  Mr. 
Lincoln  was  our  best  friend,  and  I  will  give  five  dol- 
lars of  my  washes  towards  erecting  a  monument  to  his 
memory."  This  money;  this  five  dollars;  this  grain  of 
mustard  seed,  contributed  by  Charlotte  Scott  in  grati- 
tude to  her  deliverer,  was  sent  to  us  by  her  former  mas- 
ter, Mr.  Wm.  P.  Rucker,  through  the  hands  of  Gener- 
al T.  C.  H.  Smith,  then  in  command  of  the  military 
post  of  St.  Louis,  having  received  it  from  Mr.  Rucker, 
who  was  a  Union  refugee,  from  Virginia,  having  sought 
safety  for  himself  and  family  in  Marietta,  Ohio,  tak- 
ing along  with  him  Charlote  Scott,  and  perhaps  others 
belonging  to  him.  It  was  this  five  dollars  that  was 
the  foundation  of  this  beautiful  and  appropriate  memor- 
ial which  we  now  see  before  us.  General  Smith  ad- 
dressed a  letter  to  me,  conveying  it,  which  was  as  fol- 
lows : 

St.  Louis,  April,  26,  1864. 
James  JE.  Yeatman,  Esq.: 

MY  DEAR  SIR:  A  poor  negro  woman,  of   Marietta , 


164  THE    EMANCIPATION   MONUMENT. 

Ohio,  one  of  those  made  free  by  President  Lincoln's 
proclamation,  proposes  that  a  monument  to  their  dead 
friend  be  erected  by  the  colored  people  of  the  United 
States.  She  has  handed  to  a  person  in  Marietta  five 
dollars  as  her  contribution  for  the  purpose.  Such  a 
monument  would  have  a  history  more  grand  and  touch- 
ing than  any  of  which  we  have  account.  Would  it  not  be 
well  to  take  up  this  suggestion  and  make  it  known 
to  the  freedmen  ? 

Yours  truly,  T.  C.  H.  SMITH. 

In  compliance  with  General  Smith's  suggestion  I 
published  his  letter,  with  a  card,  stating  that  any  de- 
siring to  contribute  to  a  fund  for  such  a  purpose,  that 
the  Western  Sanitary  Commission  would  receive  the 
same  and  see  that  it  was  judiciously  appropriated  as 
intended.  In  response  to  his  communication,  liberal 
contributions  were  received  from  colored  soldiers  un- 
der the  command  of  General  J.  W.  David  son,  headquar- 
ters at  Natchez,  Miss.,  amounting  in  all  to  $12,150. 
This  was  subsequently  increased  from  other  scources  to 
$16,242. 


"MARIETTA,  OHIO,  June  2$th, 
"Mr.  JAMES  E.    YEATMAN, 

President  Western  Sanitary  Commission.  St.   Louis: 

"Mv  DEAR  SIR:     I  have  learned,  with  the  greatest   satisfac- 

tion, through  Brigadier  General  T.  C.  H.  SMITH,  and  the  public 

press,  that  you  are  devoting  your  noble  energies  in  giving  tone 

and  direction  to  the  collection  and  appropriation  of  a  [fund   for 


THE   EMANCIPATION   MONUMENT.  165 

the  erection  of  the  Freedmen's  National   Monument,  in  honor 
and  memory  of  the  benefactor  and  savior  of  their  race. 

"The  General  also  informs  me  that  you  desire,  and  have  re- 
quested through  him  that  the  five  dollars  deposited  with  the 
Rev.  C.  H.  BATTELLE,  of  this  city,  by  CHARLOTTE  SCOTT,  should 
be  used  as  the  original  and  foundation  subscription  for  this  most 
praiseworthy  purpose;  and  Mr.  BATTELE  assures  me  that  he  will 
most  cheerfully  remit  it  to  you  this  day.  As  a  slaveholder  by 
inheritance,  and  up  to  a  period  after  the  outbreak  of  the  rebel- 
lion, and  as  an  ardent  admirer  of  our  lamented  President,  the 
author  of  universal  emancipation  in  America,  I  feel  an  enthu- 
siastic interest  in  the  success  of  the  Freedmen's  National  Mon- 
ument, I  hope  it  may  stand  unequalled  and  unrivalled  in  gran- 
deur and  magnificence.  It  should  be  built  essentially  by  freed- 
men,  and  should  be  emphatically  national.  Every  dollar  should 
come  from  the  former  slaves ;  every  State  should  furnish  a  stone, 
and  the  monument  should  be  erected  at  the  capital  of  the  na- 
tion. Nothing  could  be  better  calculated  to  stimulate  this  down- 
trodden and  abused  race  to  renewed  efforts  for  a  moral  and  nat- 
ional status. 

"CHARLOTTE  SCOTT,  whose  photograph  General  SMITH  will 
forward,  was  born  a  slave  in  Campbell  county,  Virginia.  She 
is  about  sixty  years  old,  but  is  very  hale  and  active.  Her  rep- 
utation for  industry,  intelligence,  and  moral  integrity  has  al- 
ways been  appreciated  by  her  friends  and  acquaintances,  both 
white  and  colored.  She  was  given,  with  other  slaves,  to 
my  wife,  by  her  father,.  THOMAS  H.  SCOTT.  When  we  re- 
ceived the  news  of  Mr.  LINCOLN'S  assassination,  the  morning 
after  its  occurrence,  she  was  deeply  distressed.  In  a  conversa- 
with  Mrs.  RUCKER,  she  said  :  "  The  colored  people  have  lost  thetr 
best  friend  on  earth;  Mr.  LINCOLN  -was  our  best  friend,  and  I  will 
give  five  dollars  of  my  wages  towards  erecting  a  monument  to  his 
memory."  She  asked  me  who  would  be  the  best  person  to  raise 


166  THE    EMANCIPATION   MONUMENT. 

money  for  the  purpose  ;  I  suggested   Mr.   BATTELLE,  and   she 
gave  him  the  five  dollars. 

"I  am,  my  dear  sir, 

"Truly  and  respectfully, 

"  WM.  P.  RUCKER." 


MARIETTA,  OHIO,  June  29, 
"Mr.  J  E.  YEATMAN, 

"DEAR  SIR  :  I  was  providentially  called  upon  by  CHARLOTTE 
SCOTT,  formerly  a  slave  of  Dr.  W.  P.  RUCKER,  now  living  in 
this  place,  to  receive  the  enclosed  $5,  as  the  commencement  of 
a  fund  to  be  applied  to  rearing  a  monument  to  the  memory  of 
Hon.  ABRAHAM  LINCOLN. 

"I  received  her  offering,  and  gave  notice  through  the  press 
that  I  would  receive  other  donations,  and  cheerfully  do  what  I 
could  to  promote  so  noble  an  object.  Other  persons  have  sig- 
nified their  willingness  to  give  when  the  measuie  is  fully  inaug- 
urated. 

"By  the  advice  of  General  T.  C.  H.  SMITH  I  herewith  forward 
you  her  contribution,  and  I  hope  to  hear  from  you  upon  its  re- 
ceipt, that  I  may  show  to  Charlotte  and  others  that  the  money 
has  gone  in  the  right  direction.  After  hearing  from  you,  I  hope 
to  be  able  to  stir  up  the  other  colored  folks  on  this  subject. 

"I  rejoice,  dear  sir,  that  I  have  some  connection  with  this 
honorable  movement  in  its  incipiency,  I  shall  not  fail  to  watch 
its  progress  with  thrilling  interest,  and  hope  to  live  until  the 
top-stone  shall  be  laid,  amid  the  jubilant  rejoicing  of  emancipa- 
ted millions  crying,  'Grace,  grace  unto  it.' 

"Very  respectfully  yours, 

"C.  D.  BATTELLE." 

The  publication  of  the  note  of  Mr..  YEATMAN,  and  the  first 
communication  received  concerning  the  colored  woman's  pro- 
posed offering,  brought  the  following  letters  and  contributions 


THE  EMANCIPATION  MONUMENT.  167 

showing  how  generously  the  proposition  of  CHARLOTTE  SCOTT 
was  responded  to  by  the  colored  troops  stationed  at  Natchez, 
Miss.  These  contributions  have  been  duly  deposited,  for  safe 
keeping,  towards  the  Freedmen's  National  Monument  to  Mr* 
LINCOLN. 

HEADQUARTERS,  6TH  U.  S.  COLORED  HEAVY  ARTILLERY, 

FORT  McPHERSON,  NATCHEZ,  May  19, 1863. 
"JAMES  E.  YEATMAN, 

"President  Western  Sanitary  Commission,  St.  Louis. 
"DEAR  SIR  :  I  hereby  transmit  to  you,  to  be  appropriated   to 
the  monument  to  be  erected   to  the  late   President   LINCOLN, 
the  sum  of  four  thousand  two  hundred  and  forty-two  dollars,  the 
gift  from  the  soldiers  and  freedmen  of  this  regiment.  Allow  me  to 
say  that  I  feel  proud  of  my  regiment  for  their  liberal  contribu- 
tion in  honor  of  our  lamented  chief.  Please  acknowledge  receipt. 
"Very  respectfully, 

"Your  obedient  servant, 

"JOHN  P.  COLEMAN 

"  Lieutenant  Colonel,  commanding  6th  U.    S.    Colored  Heavy 
Artillery. 

"Amounts,  as  donated  by  their  respective  companies :  Co  A, 
$515  ;  Co.  B,  $594  ;  Co.  C,  514;  Co.  D;  $464;  Co.  E,  $199;  Co. 
F,  $409;  Co.  G,  $284;  Co.  H,  $202  ;  Co.  I,  $423  ;  Co.  K,  $231  ; 
Co.  L,  $142  ;  Co.  M,  $354.  Total,  $4,242." 

HEADQUARTERS,  70TH  U.  S.  COLORED   INFANTRY, 

RODNEY,  Miss.,  Mayjo,iS6j. 
"Brevet  Major  Ger  eral   J.  W.  DAVIDSON, 

"Commanding  District  of  Natchez,  Miss., 
"GENERAL :     I  have  the   honor  to   enclose   the   sum   of  two 
thousand    nine   hundred    and  forty-nine  dollars  and  fifty  cents 
[$2,949.50],  as  the  amount  collected,  under  your  suggestion,   for 


168  THE    EMANCIPATION   MONUMENT. 

the  purpose  of  erecting  a  monument  to  the  memory  of  Presi- 
dent LINCOLN.  Every  dollar  of  this  money  has  been  subscribed 
by  the  black  enlisted  men  of  my  regiment,  which  has  only  an 
aggregate  of  six  hundred  and  eighty  three  [683]  men.  Much 
more  might  have  been  raised,  but  I  cautioned  the  officers  to 
check  the  noble  generosity  of  my  men,  rather  than  stimulate 
it.  Allow  me  to  add  that  the  soldiers  expect  that  the  monu- 
ment is  to  be  built  by  black  people's  money  exclusively.  They 
feel  deeply  that  the  debt  of  gratitude  they  owe  is  large,  and 
anything  they  can  do  to  keep  his  'memory  green,'  will  be  done 
cheerfully  and  promptly. 

If  there  is  a  monument  built  proportionate  to  the  venera- 
tion with  which  the  black  people  hold  his  memory,  then  its 
summit  will  be  among  the  clouds — the  first  to  catch  the  gleam 
and  herald  the  approach  of  coming  day,  even  as  President  LIN- 
COLN himself  first  proclaimed  the  first  gleam,  as  well  as  glorious 
light,  of  universal  freedom. 

"I  am,  General,  most  respectfully, 

"Your  obedient  servant, 
"W.  C.  EARLES, 
"Colonel  joth  U.  S.  C.  Infantry , 

"DISTRICT  OF  NATCHEZ,  May  21,  1865." 
"  Hon.  JAMES  E.  YEATMAN  : 

"Upon  seeing  your  suggestions  in  the  Democrat,  I  wrote  to 
my  Colonels  of  colored,  troops,  and  they  are  responding  most 
nobly  to  the  call.  FARRAR'S  regiment  [6th  U.  S.  Heavy  Artil- 
lery], sent  some  $4,700.  The  money  here  spoken  of  has  been 
turned  over  to  Major  W.  C.  L'UPTON,  Paymaster  U.  S.  A.,  for 
you.  Please  acknowledge  receipt  through  the  Missouri  Demo- 
crat. The  idea  is,  that  the  monument  shall  be  raised  to  Mr.  Lin- 
col's  memory  at  the  national  capital,  exclusively  by  the  race  he 

has  set  free. 

Very  truly  yours, 

J.  W.  DAVIDSON, 

"Brevet  Major  General." 


THE    EMANCIPATION   MONUMENT.  169 

"HEAD   PAY  DEPARTMENT,  NATCHEZ,  Miss.,  June  13, 1863. 
"JAMES  E.  YEATMAN  ESQ., 

"  President  Western  Sanitary  Commission,  St.  Louis, 
"  SIR:  The  colored  soldiers  of  this  district,  Brevet  Major 
General  DAVIDSON  commanding,  feeling  the  great  obligations 
they  are  under  to  our  late  President,  Mr.  LINCOLN,  and  desiring 
to  perpetuate  his  memory,  have  contributed  to  the  erection  of 
a  monument  at  the  national  capital,  as  follows: 

7oth  U.  S.  C.  Infantry,  Colonel  W.  C.  EARLE $2,949.50 

Three  Companies  63d  U.  S.  C.  Infantry, — A,  C,  and  E, 

Lieutenant  Colonel  MITCHELL 263.00 

Freedmen  of  Natchez 312.38 


Total $3,529.85 

"  Added  to  this,  Major  JOHN  P.  COLEMAN,  of  the  6th  U.  S. 
C.  Heavy  Artillery,  stationed  here,  has  sent  you  nearly  five 
thousand  dollars  for  the  same  fund,  and  the  5/th  U.  S.  C.  In- 
fantry desire  me,  at  the  next  pay  day,  to  collect  one  dollar  per 
man,  which  will  swell  the  amount  to  nearly  ten  thousand  dol- 
lars. This  is  a  large  contribution  from  not  quite  seventeen  hun- 
dred men,  and  it  could  have  been  made  larger — many  of  the  men 
donating  over  half  their  pay,  and  in  some  instances  the  whole  of 
it — but  it  was  thought  Dest  to  limit  them. 

"  Will  you  please  publish  this,  that  the  colored  soldiers,  and 
their  friends,  may  know  that  their  money  has  gone  forward,  and 
send  me  a  copy  of  the  paper. 

"  I  am,  sir,  with  regard, 

"  W.  C.  LUPTON, 

Paymaster  U.  S.  A.          £ 

« 

These  noble  contributions  are  a  striking  evidence  oi: 
the  favor  with  which  this  movement  is  regarded  by 
the  colored  people,  and  especiallv  the  brave  soldiers  of 


170         THE  EMANCIPATION  MONUMENT. 

this  oppressed  race  who  have  been  fighting  to  carry 
out  the  proclamation  of  their  benefactor,  securing  them 
their  liberty. 

There  are  those,  perhaps,  who  may  think  that  some 
other  form  of  testimonial,  such  as  the  endowment  of 
some  great  charity,  would  be  better ;  but  the  colored 
people  of  the  Ur  Ited  States,  and  especially  the  liberated 
*  bondmen,  wish  something  tangible  and  visible  to  the 
eye  of  present  and  future  generations,  that  will  testify 
of  their  love  and  gratitude  to  their  great  deliverer. 
Towards  any  enterprise,  such  as  the  founding  of  schools 
and  colleges  for  the  education  of  the  colored  people,  the 
whole  country  would  expect  to  contribute ;  but  it  is 
peculiarly  fitting  that  from  this  race  alone,  a  monu- 
ment should  ascend,  at  the  capital  of  the  nation,  show- 
ing forth,  to  the  whole  world  of  mankind,  the  appre_ 
ciation  of  an  emancipated  race  for  their  greatest  earth- 
ly benefactor. 

From  the  liberal  contributions  made  in  the  first  in- 
stance,we  were  led  to  believe  that  a  very  much  larger  sum 
would  have  been  donated.  But,  as  our  determination 
was  to  have  a  free-will  offering  without  solicitation  we 
determined  to  rest  with  what  was  voluntarily  contrib- 
uted. This  prevented  the  execution  of  a  design  made 
ana  submitted  by  Harriet  Hosmer,  one  of  America's 
most  renowned  sculptors.  The  design  was  one  of  great 
beauty  and  merit,  and  could  it  nave  been  executed,  it 
would  have  been  one  of  the  grandest  and  most  beautiful 


THE   EMANCIPATION   MONUMENT.  171 

monumental  works  of  art  ever  erected  in  this  or  any 
other  country.  I  mention  this  now  as  the  design  and 
its  adoption  by  the  commission  was  generally  known, 
and  some  explanation  for  its  non-execution  may  be 
deemed  necessary.  It  was  published  in  the  London 
Art  Journal  and  other  journals  in  this  arid  other  coun- 
tries. I  trust  yet  that  the  gratitude  of  the  freed  peo- 
ple will  prompt  them  to  execute  this  grand  design. 
I  now  proceed  to  give  you  the  history  of  the  Lincoln 
monument  as  adopted  and  executed. 

One  of  the  members  of  the  Western  Sanitary  Com- 
mission, Rev.  Win.  G.  Eliot,  being  in  Florence  in  the 
autumn  of  1869,  when  visiting  the  studio  of  Mr.  Thom- 
as Ball  saw  the  group  subsequently  adopted,  and  was 
so  much  pleased  with  it  that  he  spoke  strongly  in  its 
praise  after  returning  to  St.  Louis.  He  had  learned 
from  Mr.  Ball  that  the  work  was  conceived  and  execu- 
ted under  the  first  influence  of  the  news  of  Mr.  Lincoln's 
assassination.  No  order  for  such  a  group  had  been  re. 
ceived,  but  Mr.  Ball  felt  sure  that  the  time  would  come 
when  there  would  be  a  demand  for  it,  and  at  any  rate, 
he  felt  an  inward  demand  to  produce  it.  Hi?  aim  was 
to  present  one  single  idea,  representing  the  great  work 
for  the  accomplishment  of  which  Abraham  Lincoki 
lived  and  died ;  and  all  accessory  ideas  are  carefully  ex- 
cluded. Mr.  Ball  also  determined  not  to  part  with  it 
except  under  such  circumstances  as  to  insure  its  just 
appreciation,  not  merely  as  a  work  of  art  but  as  a  labor 
of  love — a  tribute  to  American  patriotism. 


172  THE    EMANCIPATION   MONUMENT. 

For  several  years  it  had  stood  there  in  its  place,  great- 
ly admired,  but  not  finding  the  direction  of  its  rightful 
destination.  But,  when  the  artist  heard  of  the  possi- 
ble use  to  which  it  might  be  put  as  the  memorial  of 
freedom  by  the  emancipated  slaves  themselves,  he  at 
once  said  that  he  should  hold  it  with  that  view  until 
the  commission  were  prepared  to  take  action,  and  that 
the  price  to  be  paid  would  be  altogether  a  secondary  con- 
sideration. When  the  description  wa.s  given  to  the 
other  members  of  the  Western  Sanitary  Commission 
they  sent  for  photographs,  four  of  which,  presenting 
the  group  at  different  points  of  view,  were  taken  in 
Florence  and  forwarded  to  them.  They  at  once  decided 
to  accept  the  design,  and  an  order  was  given  for  its 
immediate  execution  in  bronze,  in  accordance  with  the 
suggestions  made  by  Mr.  Ball.  The  original  group  was 
in  Italian  marble,  and  differs  in  some  respects  from  the 
bronze  group  now  to  be  inaugurated.  In  the  original 
the  kneeling  slave  is  represented  as  perfectly  passive, 
receiving  the  boon  of  freedom  from  the  hand  of  the 
great  liberator.  But  the  artist  justly  changed  this,  to 
bring  the  presentation  nearer  to  the  historical  fact,  by 
making  the  emancipated  slave  an  agent  in  his  own 
deliverence. 

J§.Q  is  accordingly  represented  as  exerting  his  own 
strength  with  strained  muscles  in  breaking  the  chain 
which  had  bound  him.  A  far  greater  degree  of  digni- 
ty and  vigor,  as  well  as  of  historical  accuracy,  is  thus 
imparted.  The  original  was  also  changed  by  introduc- 


THE    EMANCIPATION   MONUMENT.  173 

ing,  instead  of  an  ideal  slave,  the  figure  of  a  living 
man — the  last  slave  ever  taken  up  in  Missouri  under 
the  fugitive  slave  law,  and  who  was  rescued  from  his 
captors  ( who  had  transcended  their  legal  authority ) 
under  the  orders  of  the  provost  Marshal  of  St.  Louis. 
His  name  was  Archer  Alexander,  and  his  condition  of 
servitude  legally  continued  until  the  emancipation  act 
became  the  law  of  the  land.  A  photographic  picture 
was  sent  to  Mr.  Ball,  who  has  given  both  the  face  and 
manly  bearing  of  the  negro.  The  ideal  group  is  thus 
converted  into  the  literal  truth  of  history  without  los- 
ing anything  of  its  artistic  conception  or  effect.  The 
monument,  in  bronze,  now  inaugurated,  was  cast  at  the 
Royal  foundry,  in  Munich.  An  exact  copy  of  the  or- 
iginal group  as  first  designed  by  Mr.  Ball,  has  been  ex- 
ecuted by  him  in  pure  white  Italian  marble  for  the 
Western  Sanitary  Commission,  and  will  be  permanent- 
ly placed,  as  "Freedom's  Memorial,"  in  some  public 
building  of  St.  Louis.  Of  the  eminent  sculptor,  Thom- 
as Ball,  to  whose  genious  and  love  of  country  the 
whole  praise  of  the  work  is  due,  it  is  unnecessary  to 
speak.  His  design  was  accepted,  after  three  years' 
diligent  seeking,  solely  on  its  merits.  But  it  is  a  source 
of  congratulation  to  all  lovers  of  the  American  Union 
that  this  monument,  in  memory  of  the  people's  Presi- 
dent and  the  Freedmen's  best  friend,  is  from  the  nand 
of  one  who  not  only  stands  in  the  foremost  rank  of 
living  artists,  but  wlio  is  himself  prou^  to  be  called  an 
American  citizen. 


174  THE    EMANCIPATION   MONUMENT. 

The  amount  paid  Mr.  .Ball  for  the  bronze  group  wa& 
$17,000,  every  cent  of  which  has  been  remitted  to  him. 
So  you  have  a  finished  monument,  all  paid  for.  The 
Government  appropriated  $3,000  for  the  foundation 
and  pedestal  upon  which  the  bronze  group  stands,  mak- 
ing the  cost,  in  all,  $20,000.  I  have  thus  given  you 
a  brief  history  of  the  Freedmen's  Memorial  Monument, 
and  how  and  why  the  Western  Sanitary  Commission 
came  to  have  anything  to  do  with  it.  To  them  it  has 
been  a  labor  of  love.  In  the  execution  of  the  work  they 
have  exercised  their  best  judgment — done  the  best 
that  could  be  done  with  the  limited  means  they  had  to 
do  it  with.  It  remains  with  you  and  those  who  will 
follow  to  say  how  wisely  or  how  well  it  has  been  done. 
Whatever  of  honor,  whatever  of  glory  belongs  to  this 
work,  should  be  given  to  Charlotte  Scott,  the  poor 
slave  woman.  Her  offering  of  gratitude  and  love,  like 
that  of  the  widow's  mite,  will  be  remembered  in  heav- 
en when  the  gifts  of  those  rich  in  this  world's  goods 
shall  have  passed  away  and  been  forgotten. 

Professor  Langston,  receiving  the  statue,  said :  "In 
behalf  of  our  entire  nation,  in  behalf  especially  of  the 
donors  of  the  fund  with  whose  investment  you  and 
your  associates  of  the  'Western  Sanitary  Commission' 
have  been  charged,  I  tender  to  you,  sir,  and  through 
you  to  the  commission,  our  sincere  thanks  for  the 
prompt  and  wise  performance  of  the  trust  and  duty  com- 
mitted to  your  care.  The  finished  and  appropriate 
work  of  art  presented  by  you  we  accept  and  dedicate 


THE   EMANCIPATION   MONUMENT.  175 

through  the  ages  in  memory  and  honor  of  him  who  is 
to  be  forever  known  in  the  records  of  the  world's  his- 
tory as  the  emancipator  of  the  enslaved  of  our  country. 
We  unveil  it  to  the  gaze,  the  admiration  of  man- 
kind. 

'•  Fellow-citizens,  according  to  the  arrangement  of 
the  order  of  exercises  of  this  occasion  it  had  fallen  to 
my  lot  to  unveil  this  statute  which  we  dedicate  to-day; 
but  we  have  with  us  the  President  of  the  United  States 
and  it  strikes  me  that  it  is  altogether  fit  and  proper 
to  now  ask  him  to  take  part  in  the  exercises  so  far  as 
to  unveil  this  monument." 

President  Grant  advanced  to  the  front  of  the   stand. 
A  moment  passed  in  the  deepest  silence,  but  when   the 
President  pulled  the  cord  and  the  flags  fell  away,  and 
the    bronze  figures   were  exposed   to  view,   the   peo- 
ple burst  into  spontaneous  applause  and  exclamations 
,  of  admiration.     To  the  noisy  manifestations   of  admi- 
ration were  added   the   booming   of  cannon   and   the 
strains  of  the  band,   which   struck   up   "  Hail   to   the 
.Chief." 

The  monument  stands  on  a  granite  pedestal  ten  feet 
in  height,  for  which  an  appropriation  was  made  by  the 
last  congress.  The  martyred  President  is  standing  be- 
side a  monolith,  upon  which  is  a  bust  of  Washington 
in  has  relief.  In  his  right  hand  he  holds  the  proclama- 
tion, while  his  left  is  stretched  over  a  slave,  upon  whom 
his  eyes  are  bent,  who  is  just  rising,  and  from  whose 
limbs  the  shackles  have  just  burst.  The  figure  of  the 


176         THE  EMANCIPATION  MONUMENT. 

slave  is  that  of  a  man  worn  by  toil,  with  muscles  hard- 
ened and  rigid.  He  is  represented  as  just  rising  from 
the  earth,  while  his  face  is  lighted  with  joy  as  he  an- 
ticipates the  full  manhood  of  freedom.  Upon  the  base 
of  the  monument  is  cut  the  word  "Emancipation." 
The  figures  are  colossal,  and  the  effect  is  grand.  On 
the  front,  in  bronze  letters,  the  following  inscription: 

FREEDOM'S  MEMORIAL. 

"  In  grateful  memory  of  ABRAHAM  LINCOLN,  this 
monument  was  erected  by  the  Western  Sanitary  Com- 
mission, of  St.  Louis,  Mo.,  with  funds  contributed  sole- 
ly by  emancipated  citizens  of  the  United  States,  declar- 
ed free  by  his  proclamation,  January  1,  A.  D.  1863. 

"The  first  contribution  of  five  dollars  was  made  by 
Charlotte  Scott,  a  freed  woman  of  Virginia,  being  her 
first  earnings  in  freedom,  and  consecrated  by  her  sugges- 
tion and  request,  on  the  day  she  heard  of  President 
Lincoln's  death,  to  build  a  monument  to  his  memory." 

On  the  reverse : 

"  And  upon  this  act,  sincerely  believed  to  be  an  act 
of  justice,  warranted  by  the  constitution  upon  military 
necessity,  I  invoke  the  considerate  judgment  of  man- 
kind, and  the  gracious  favor  of  Almighty  God." 

The  following  Poem,  written  for  the  occasion  by  Miss 
Cordelia  Ray  of  Xew  York,  was  then  read. 


THE    EMANCIPATION   MONUMENT.  177 

LINCOLN. 


To-day  O  martyred  chief!  beneath  the  sun 

We  would  unveil  thy  form ;  to  thee  who  won 

The  applause  of  nations,  for  thy  soul  sincere, 

A  living  tribute  we  would  offer  here. 

'Twas  thine  not  worlds  to  conquer,  but  men's  hearts : 

To  change  to  balm  the  sting  of  slavery's  darts ; 

In  lowly  charity  thy  joy  to  find, 

And  open  "gates  of  mercy  on  mankind," 

And  so  they  come,  the  freed,  with  grateful  gift, 

From  whose  sad  path  the  shadows  thou  didst  lift. 

Eleven  years  have  rolled  their  seasons  round 
Since  its  most  tragic  close  thy  life-work  found. 
Yet  through  the  vistas  of  the  vanished  days 
We  see  thee  still,  responsive  to  our  gaze 
As  ever  to  thy  country's  solemn  needs. 
Not  regal  coronets,  but  princely  deeds 
Were  thy  chaste  diadem  ;  of  truer  worth 
Thy  modest  virtues  than  the  gems  of  earth. 
Staunch,  honest,  fervent  in  the  purest  cause. 
Truth  was  thy  guide  ;  her  mandates  were  thy  laws. 

Rare  heroism  ;  spirit  purity ; 
The  storied  Spartan's  stern  simplicity; 
Such  moral  strength  as  gleams  like  burnished  gold 
Amid  the  doubts  of  men  of  weaker  mold 
Were  thine.     Called  in  thy  country's  sorest  hour, 
When  brother  knew  not  brother — mad  for  power — 
_  To  guide  the  helm  -through  bloody  deeps  of  war, 
While  distant  nations  gazed  in  anxious  awe, 
Unflinching  in  the  task,  thou  didst  fulfill 
Thy  mighty  mission  with  a  deathless  will. 


178  THE    EMANCIPATION   MONUMENT. 

Born  to  a  destiny  the  most  sublime, 
Thou  wert,  O  Lincoln!  in  the  march  of  time. 
God  bade  thee  pause — and  bid  the  oppressed  go  free- 
Most  glorious  boon  giv'n  to  humanity, 
While  Slavery  ruled  the  land,  what  deeds  were  done! 
What  tragedies  enacted  'neath  the  sun!    - 
Her  page  is  blurred  with  records  of  defeat    - 
Of  lives  heroic  lived  in  silence — meet 
For  the  world's  praise — of  woe,  despair,  and  tears — 
The  speechless  agony  of  weary  years  ! 

Thou  utterest  the  word,  and  Freedom  fair 
Rang  her  sweet  bells  on  the  clear  winter  air  ; 
She  waved  her  magic  wand,  and  lo  !  from  far 
A  long  procession  came  !  with  many  a  scar 
Their  brows  were  wrinkled— in  the  bitter  strife, 
Full  many  had  said  their  sad  farewell  to  life. 
But  on  they  hasten 'd — free — their  shackles  gone — 
The  aged,  young — e'en  infancy  was  borne 
To  offer  unto  thee  loud  paeons  of  praise— 
Their  happy  tribute  after  saddest  days. 

A  race  set  free  !     The  deed  brought  joy  and  light ! 
It  bade  calm  justice  from  her  sacred  height, 
When  faith,  and  hope,  and  courage  slowly  waned, 
Unfurl  the  stars  and  stripes  at  last  unstained  ! 
The  nations  rolled  acclaim  from  sea  to  sea, 
And  Heaven's  vaults  rang  with  Freedom's  harmony* 
The  Angels,  mid  the  amaranths  must  have  hush'd 
Their  chanted  cadence,  as  upward  rush'd 
The  hymn  sublime  ;  and  as  the  echoes  pealed 
God's  ceaseless  benison  the  action  sealed. 

As  now  we  dedicate  this  shaft  to  thee, 
True  champion  !  in  all  humility 


THE  EMANCIPATION  MONUMENT.         179 

And  solemn  earnestness,  we  would  erect 
A  monument  invisible,  undecked, 
Save  by  our  allied  purpose  to  be  true 
To  Freedom's  loftiest  precepts,  so  that  through 
The  fiercest  contest  we  may  walk  secure,  , 

Fixed  on  foundations  that  may  still  endure 
When  granite  shall  have  crumbled  to  decay, 
And  generations  passed  from  earth  away. 

Exalted  patriot !  illustrious  chief ! 

Thy  life's  immortal  work  compels  belief. 

To-day  in  radiance  thy  virtues- shine, 

And  how  can  we  a  fitting  garland  twine  ? 

Thy  crown  most  glorious  is  a  ransomed  race  ! 

High  on  our  country's  scroll  we  fondly  trace 

In  lines  of  fadeless  light  that  softly  blend  ; 

Emancipation,  hero,  martyr,  friend  ! 

While  Freedom  may  her  holy  sceptre  claim, 

The  world  shall  echo  with  "  Our  Lincoln's  "  name. 

Hon.  Frederick  Douglass,  the  orator  of  the  day,  was 
then  introduced,  and  delivered  the  following 

ORATION. 

FRIENDS  AND  FELLOW  CITIZENS  :  I  warmly  congratulate 
you  upon  the  highly  interesting  object  which  has  caused  you  to 
assemble  in  such  numbers  and  spirit  as  you  have  to-day.  This 
occasion  is  in  some  respects  remarkable.  Wise  and  thought- 
ful men  of  our,  race,  who  shall  come  after  us,  and  study  the 
lesson  of  our  history  in  the  United  States,  who  shall  survey  ' 
the  long  and  dreary  space  over  which  we  have  traveled,  who 
shall  count  the  links  in  the  great  chain  of  events  by  which  we 
have  reached 'our  present  position,  will  made  a  note  of  thisocca- 


180         THE  EMANCIPATION  MONUMENT. 

sion — they  will  think  of  it,  and  with  a  sense  of  manly  pride  and 
complacency.  I  congratulate  you  also  upon  the  very  favorable 
circumstances  in  which  we  meet  to-day.  They  are  high,  inspir- 
ing and  uncommon.  They  lend  grace,  glory  and  significance 
to  the  object  for  which  we  have  met.  *  Nowhere  else  in  this 
great  country,  with  its  uncounted  towns  and  cities,  uncounted 
wealth,  and  unmeasurable  territory  extending  from  sea  to  sea, 
could  conditions  be  found  more  favorable  to  the  success 
of  this  occasion  than  here.  We  stand  to-day  at  the  national 
centre  to  perform  something  like  a  national  act,  an  act  which 
is  to  go  into  history,  and  we  are  here  where  every  pulsation  of 
the  national  heart  can  be  heard,  felt  and  reciprocated.  A 
thousand  wires,  fed  with  thought  and  winged  with  lightning, 
put  us  in  instantaneous  communication  with  the  loyal  and  true 
men  all  over  the  country.  Few  facts  could  better  illustrate  the 
vast  and  wonderful  change  which  has  taken  place  in  our  condi- 
tion as  a  people,  than  the  fact  of  our  assembling  here  for  the 
purpose  we  have  to-day.  Harmless,  beautiful,  proper  and  praise- 
worthy a?  this  demonstration  is,  I  cannot  forget  that  no  such 
demonstration  would  have  been  tolerated  here  twenty  years  ago. 
The  spirit  of  slavery  and  barbarism,  which  still  lingers  to  blight 
and  destroy  in  some  dark  and  distant  parts  of  our  country,  would 
have  made  our  assembling  here  to-day  the  signal'  and  excuse 
for  opening  upon  us  all  the  flood-gates  of  wrath  and  violence. 
That  we  are  here  in  peace  to-day  is  a  compliment  and  credit  to 
American  civilization,  and  a  prophecy  of  still  greater  national 
enlightenment  and  progress  in  the  future.  I  refer  to  the  past 
not  in  malace,  for  this  is  no  day  for  malace,  but  simply  to  place 
more  distinctly  in  front  the  gratifying  and  glorious  change 
which  has  come  both  to  our  white  fellow-citizens  and  ourselves, 
and  to  congratulate  all  upon  the  contrast  betwen  now  and  then, 
the  new  dispensation  of  freedom  with  its  thousand  blessings  to 
both  races,  and  the  old  dispensation  of  slavery  with  its  ten 


THE   EMANCIPATION   MONUMENT.  181 

thousand  evils  to  both  races — white  and  black.  In  view  then, 
of  the  past,  the  present  and  the  future,  with  the  long  and  dark 
history  of  our  bondage  behind  us,  and  with  liberty,  progress 
and  enlightenment  before  us,  I  again  congratulate  you  upon 
this  auspicious  day  and  hour. 

Friends  and  fellow-citizens :  The  story  of  our  presence  here 
is  soon  and  easily  told.  We  are  here  in  the  District  of  Colum- 
bia ;  here  in  the  city  of  Washington,  the  most  luminous  point 
of  American  territory — a  city  recently  transformed  and  made 
beautiful  in  its  body  and  in  its  spirit ;  we  are  here,  in  the  place 
where  the  ablest  and  best  men  of  the  country  are  sent  to  devise 
the  policy,  enact  the  laws  and  shape  the  destiny  of  the  Repub- 
lic ;  we  are  here,  with  the  stately  pillars  and  majestic  dome  of 
the  Capitol  of  the  nation  looking  down  upon  us ;  we  are  here 
with  the  broad  earth  freshly  adorned  with  the  foliage  and  flow- 
ers of  spring  for  our  church,  and  all  races,  colors  and  conditions 
of  men  for  our  congregation  ;  in  a  word,  we  are  here  to  express, 
as  best  we  may,  by  appropriate  forms  and  ceremonies,  our  grate- 
ful sense  of  the  vast,  high  and  pre-eminent  services  rendered  to 
ourselves,  to  our  race,  to  our  country  and  to  the  whole  world, 
by  Abraham  Lincoln. 

The  sentiment  that  brings  us  hereto-day  is  one  of  the  noblest 
that  can  stir  and  thrill  the  human  heart.  It  has  crowned  and 
made  glorious  the  high  places  of  all  civilized  nations,  with  the 
grandest  and  most  enduring  works  of  art,  designed  to  illustrate 
characters  and  perpetuate  the  memories  of  great  public  men. 
It  is  the  sentiment  which  from  year  to  year  adorns  with  fragrant 
and  beautiful  flowers  the  graves  of  our  loyal,  brave  and  patriot- 
ic soldiers  who  fell  in  the  defense  of  the  Union  and  liberty.  It 
is  the  sentiment  of  gratitude  and  appreciation,  which  often,  in 
the  presence  of  many  who  hear  me,  has  filled  yonder  heights  of 
Arlington  with  the  eloquence  of  eulogy  ^nd  the  sublime  cnthus- 


182  THE    EMANCIPATION    MONUMENT. 

iasm  of  poetry  and  song  ;  a  sentiment  which  can  never  die  while 
the  Republic  lives.  For  the  first  time  in  the  history  of  our  peo- 
ple, and  in  the  history  of  the  whole  American  people,  we  join  in 
this  high  worship  and  march  conspicuously  in  the  line  of  this 
time  honored  custom.  First  things  are  always  interesting,  and 
this  is  one  of  our  first  things.  It  is  the  first  time  that,  in  this 
form  and  manner,  we  have  sought  to  do  honor  to  any  American 
great  man,  however  deserving  and  illustrious.  I  commend  the 
fact  to  notice.  Let  it  be  told  in  every  part  of  the  Republic  /  let 
men  of  all  parties  and  opinions  hear  it ;  let  those  that  despise 
us,  not  less  those  who  respect  us,  know  that  now  and  here,  in 
the  spirit  of  liberty,  loyalty,  and  gratitude,  let  it  be  known  every- 
where and  by  everybydy  who  takes  an  interest  in  human  pro- 
gress and  in  the  amelioration  of  the  condition  of  mankind,  that 
in  the  presence  and  with  the  approval  of  the  members  of  the 
House  of  Representatives,  reflecting  the  general  sentiment  of 
the  country ;  that  in  the  presence  of  that  august  body,  the 
American  Senate,  representing  the  highest  intelligence  and  the 
calmest  judgment  of  the  country  ;  in  presence  of  the  Supreme 
Court  and  Chief  Justice  of  the  United  States,  to  whose  decis- 
sions  we'  all  patriotically  bow ;  in  the  presence  and  under 
the  steady  eye  of  the  honored  tiusted  President  of  the  United 
States,  we,  the  colored  people,  newly  emancipated  and  rejoic- 
ing in  our  blood-bought  freedom,  near  the  close  of  the  first  cen- 
tury in  the  life  of  this  Republic,  have  now  and  here  unveiled, 
set  apart,  and  dedicated  a  monument  of  enduring  granite,  and 
bronze,  in  every  line,  feature,  and  figure  of  which  the  men  of. 
this  generation  may  read — and  thos^  of  after  coming  genera- 
tions may  read— something  of  the  exalted  character  and  great 
work  of  Abraham  Lincoln,  the  first  martyr  President  of  the 
United  States. 

Fellow-citizens  :  In  what  we  have  said  and  done  to-day,   and 
in  what  we  may  say  and  do  hereafter,  we   disclaim    everything 


THE    EMANCIPATION    MONUMENT.  183 

like  arrogance  and  assumption.  We  claim  for  ourselves  no  su- 
perior devotion  to  the  character,  history  and  memory  of  the 
illustrious  name  whose  monument  we  have  here  dedicated  to- 
day. We  fully  comprehend  the  relation  of  Abraham  Lincoln, 
both  to  ourselves  and  the  white  people  of  the  United  States. 
Truth  is  proper  and  beautiful  at  all  times  and  in  all  places,  and 
it  is  never  more  proper  and  beautiful  in  any  case  than  when 
speaking  of  a  great  public  man  whose  example  is  likely  to  be 
commended  for  honor  and  imitation  long  after  his  departure 
to  the  solemn  shades,  the  silent  continents  of  eternity.  It  must 
be  admitted,  truth  compels  me  to  admit,  even  here  in  the  pres- 
ence of  the  monument  we  have  erected  to  his  memory.  Abra- 
ham Lincoln  was  not,  in  the  fullest  sense  of  the  word,  either 
our  man  or  our' model.  In  his  interests,  in  his  associations  in 
his  habits  of  thought,  and  in  his  prejudices,  he  was  a  white  man. 
He  was  pre-eminently  the  white  man's  President,  entirely  de- 
voted to  the  welfare  of  white  men.  He  was  ready  and  willing 
at  anytime  during  the  first  year  of  his  administration  to  deny, 
postpone  and  sacrifice  the  rights  of  humanity  in  the  colored  peo- 
ple, to  promote  the  welfare  of  the  white  people  of  this  country. 
In  all  his  education  of  feelings  he  was  an  American-  of  the 
Americans. 

He  came  into  the  Presidential  chair  upon  one  principle  alone, 
namely,  opposition  to  the  extension  of  slavery.  His  arguments 
in  furtherance  of  this  policy  had  their  motive  and  mainspring 
in  his  patriotic  devotion  to  the  interests  of  ,his  own  race.  To 
protect,  defend  and  perpetuate  slavery  in  the  States  where  it 
existed.  Abraham  Lincoln  was  not  less  ready  than  any  other 
President  to  draw  the  sword  of  the  nation.  He  was  ready  to 
execute  all  the  supposed  constitutional  guarantees  of  the  Con- 
stitution in  favor  of  the  slave  system  anywhere  inside  the  Slave 
States,  He  was  willing  to  pursue,  recapture  and  send  back  the 
fugitive  slave  to  his  master,  and  to  suppress  a  slave  rising  for 


184  THE   EMANCIPATION  MONUMENT. 

liberty,  though  his  guilty  master  were  already  in  arms  against 
the  Government.  The  race  to  which  we  belong  were  not  the 
special  objects  of  his  consideration.  Knowing  this,  I  concede 
to  you,  my  white  fellow-citizens,  a  pre-eminence  in  this  wor- 
ship at  once  full  and  supreme,  First,  midst  and  last  you  and 
yours  were  the  object  of  his  deepest  affection  and  his  most  earn- 
est solicitude.  You  are  the  children  of  Abraham  Lincoln:  We 
are  at  best  only  his  step-children,  children  by  adoption,  children 
by  force  of  circumstances  and  necessity.  To  you  it  especially 
belongs  to  sound  his  praises,  to  preserve  and  perpetuate  his 
memory,  to  multiply  his  statues,  to  hang  his  pictures  on  your 
walls,  and  commend  his  example,  for  to  you  he  was  a  great  and 
glorious  friend  and  benefactor.  Instead  of  supplanting  you  at 
this  altar  we  would  exort  you  to  build  high  his  monuments  ;  let 
them  be  of  the  most  costly  workmanship  ;  let  their  forms  be 
symmetrical,  beautiful  and  perfect ;  let  their  bases  be  upon  sol- 
id rocks,  and  their  summits  lean  against  the  unchanging  blue 
overhanging  sky,  and  let  them  endure  forever  !  But  while  in 
the  abundance  of  your  wealth  and  in  the  fullness  of  your  just 
and  patriotic  devotion  you  do  all  this,  we  entreat  you  to  despise 
not  the  humble  offering  we  this  day  unveil  to  view;  for  while 
Abraham  Lincoln  saved  for  you  a  country,  he  delivered  us  from 
a  bondage,  according  to  Jefferson,  one  hour  of  which  was  worse 
than  ages  of  the  oppression  your  father  rose  in  rebellion  to  op- 
pose. 

Fellow-citizens :  Ours  is  a  new-born  zeal  and  devotion,  a 
thing  of  the  hour.  The  name  of  Abraham  Lincoln  was  near 
and  dea'r  to  our  hearts,  in  the  darkest  and  most  perilous  hours 
of  the  Republic.  We  were  no  more  ashamed  of  him  when  shroud- 
ed in  clouds  of  darkness,  ot  daub:  and  defeat  tlian  wh 2.1  crown- 
ed with  victory,  honor  and  glory.  Our  faith  in  him  was  often 
taxed  and  strained  to  the  uttermost,  but  it  never  failed.  When 
he  tarried  long  in  the  mountain  ;  when  he  strangely  told  us  that 


THE    EMANCIPATION   MONUMENT.  185 

we  were  the  cause  of  the  war ;  when  he  still  more  strangely  told 
us  to  leave  the  land  in  which  we  were  born  ;  when  he  refused 
to  employ  our  arms  in  defense  of  the  Union  ;  when,  after  ac- 
cepting our  services  as  colored  soldiers,  he  refused  to  retaliate 
when  we  were  murdered  as  colored  prisoners  ;  when  he  told  us 
he  would  save  the  Union  if  he  could  with  slavery;  when  he  re- 
voked the  proclamation  of  emancipation  of  General  Fremont ; 
when  he  refused  to  move  the  commander  of  the  Army  of  the 
Potomac,  who  was  more  zealous  in  his  efforts  to  protect  slavery 
than  suppress  rebellion  ;  when  we  saw  this,  and  more,  we  were 
at  times  stunned,  grieved  and  greatly  bewildered ;  but  our 
hearts  believed  while  they  ached  and  bled.  Nor  was  this,  even 
at  that  time,  a  blind  and  unreasoning  superstition.  Despite  the 
mist  and  haze  that  surrounded  him  ;  despite  the  tumult,  the  hur- 
ry and  confusion  of  the  hour,  we  were  able  to  take  a  compre- 
hensive view  of  Abraham  Lincoln,  and  to  make  reasonable  al- 
lowance for  the  circumstances  of  his  position.  We  saw  him, 
measured  him,  and  estimated  him  ;  not  by  stray  utterances  to 
injudicious  and  tedious  delegations,  who  often  tried  his  patience; 
not  by  isolated  facts  torn  from  their  connection  ;  not  by  any  par- 
tial and  imperfect  glimpses,  caught  at  inopportune  moments  ;  but 
by  a  broad  survey,  in  the  light  of  the  stern  logic  of  great  events- 
and  in  view  of  that  divinity  which  shapes  our  ends,  rough  hew 
them  as  we  will,  we  came  to  the  conclusion  that  the  hour  and 
the  man  of  our  redemption  had  met  in  the  person  of  Abraham 
Lincoln.  It  mattered  little  to  us  what  language  he  might  employ 
upon  special  occasions  ;  it  mattered  little  to  us,  when  we  fully 
knew  him,  whether  he  was  swift  or  slow  in  his  movements  ;  it 
was  enough  for  us  that  Abraham  Lincoln  was  at  the  head  of  a 
great  movement,  and  was  in  living  and  earnest  sympathy  with 
the  movement,  which,  in  the  nature  of  things,  must  go  on  till 
slavery  should  be  utterly  and  forever  abolished  in  the  United 
States.  When,  therefore,  it  shall  be  asked  what  we  have  to  do 

(L) 


186  THE   EMANCIPATION  MONUMENT. 

with  the  memory  of  Abraham  Lincoln,  or  what  Abraham   Lin- 
coln had  to  do  with  us,  the  answer  is  ready,  full  and  complete. 
Though  he  loved  Caesar  less  than  Rome,  though  the  Union  was 
more  to  him  than  our  freedom  or  our  future,   under  his   wise 
and  beneficent  rule  we  saw  ourselves  gradually  lifted   from   the 
depths  of  slavery  to  the  heights  of  liberty  and  manhood  ;  under 
his  wise  and  beneficent  rule,   and   by   measures   approved  and 
vigorously  pressed  by  him,  we  saw  that  the  handwriting  of  ages, 
in  the  form  of  prejudice  and  proscription  was  rapidly  fading  a- 
way  from,  the  face  of  our  whole  country ;  under  his  rule,  and  in 
due  time,  about  as  soon  after  all  as  the  country  could  tolerate 
the  strange  spectacle,  we  saw  our  brave  sons  and  brothers  laying 
off  the  rags  of  bondage,  and  being  clothed  all  over  in   the   blue 
uniforms  of  the  soldiers  of  the  United  Sxates  ;  under  his  rule  we 
saw  two  hundred  thousand  of  our  dark  and   dusky   people   re- 
sponding to  the  call  of  Abraham  Lincoln,  and,  with  muskets  on 
their  shoulders  and  eagles  on  their  buttons,   timing  their   high 
footsteps  to  liberty  and  union  under  the   nationl   flag;   under 
his  rule  we  saw  the  independence  of  the  black  Republic  of  Hayti, 
the  special  object  of  slave  holding  aversion  and  horror  fully  recog- 
nized, and  her  minister,  a  colored  gentleman,  duly  received  here 
in  the  city  of  Washington  ;  under  his  rule  we  saw  the   internal 
slave  trade  which  so  long  disgraced  the  nation  abolished  in  the 
District  of  Columbia ;  under  his  rule  we  saw  for  the   first   time 
the  law  enforced  against  the  foreign  slave   trade   and   the   first 
'slave-trader  hanged,  like  any  other  pirate  or   murderer ;  under 
his  rule  and  his  inspiration  we  saw  the  Confederate  States,  bas- 
ed upon  the  idea  that  our  race  must  be  slaves,  and  slaves  forev- 
ever,  battered  to  pieces  and  scattered  to  the  four  winds  ;   under 
his  rule,  and  in  the  fullness  of  time,  we  saw  Abraham    Lincoln, 
after  giving  the  slaveholder  three  months  of  grace  in  which   to 
save  their  hateful  slave   system,   penning  the  immortal   paper 
which,  though  special  in  its  language,  was  general  in  its  princi- 


THE   EMANCIPATION   MONUMENT.  187 

pies  and  effect,  making  slavery  forever  impossible  in  the  United 
States.     Though  we  waited  long  we  saw  all  this  and  more. 

Can  any  colored  man,  or  any  white   man   friendly    to  the 
fr  eedom  of  all  men,  ever  forget  the  night  which   followed   the 
first  day  of  January,  1863  ?  When  the  world  was  to  see  if  Abra- 
ham Lincoln  would  prove  to  be  as  good  as  his  word  ?    I   shall 
never  forget  that  memorable  night,  when   in   a  distant  city   I 
waited  and  watched  at  a  public  meeting,   with   three  thousand 
others  not  less  anxious  than  myself,  for  the  word  of  deliverance 
which  we  have  heard  read  to-day.     Nor  shall  I  ever  forget  the 
outburst  of  joy  and  thanksgiving  that   rent  the   air  when   the 
lightning  brought  to  us  the  emancipation.     In  that  happy  hour 
we  forgot  all  delay,  and   forgot  all   tardiness,   forgot  that  the 
President  had  bribed  the  rebels  to  lay  down   their   arms   by  a 
promise  to  withhold  the  bolt  which  would  smite  the  slave  sys- 
tem with  destruction ;  and  we  were  thenceforward  willing  to  al- 
low the  President  all  the  latitude   of  time,   phraseology,  and 
every  honorable  device  that  statesmanship   might   require  for 
the  achievement  of  a  great  and  beneficent   measure   of  liberty 
and  progress. 

Fellow  citizens,  there  is  little  necessity  on  this  occasion  to 
speak  at  length  and  critically  of  this  great  and  good  man,  and 
of  his  high  mission  in  the  world.  That  ground  has  been  fully 
occupied  and  completely  covered  both  here  and  elsewhere. 
The  whole  field  of  fact  and  fancy  has  been  gleaned  and  garner- 
ed. Any  man  can  say  things  that  are  true  of  Abraham  Lincoln, 
but  no  man  can  say  anything  new  of  Abraham  Lincoln.  His 
personal  traits  and  public  acts  are  better  known  to  the  Ameri- 
can people  than  are  those  of  any  other  man  of  his  age.  He  was 
a  mystery  to  no  man  who  saw  him  and  heard  him.  Though 
high  in  position,  the  humblest  could  approach  him  and  feel  at 
home  in  his  presence.  Though  deep,  he  was  transparent ;  though 
strong,  he  was  gentle  ;  though  decided  and  pronounced  in  his 


188  THE    EMANCIPATION   MONUMENT. 

convictions,  he  was  tolerant  towards  those  who  differed  from 
him,  and  patient  under  reproaches. 

Even  those  who  only  knew  him  through  his  public  utter- 
ances obtained  a  tolerably  clear  idea  of  his  character  and  his 
personality.  The  image  of  the  man  went  out  with  his  words, 
and  those  who  read  him  knew  him.  I  have  said  that  President 
Lincoln  was  a  white  man,  and  shared  the  prejudices  common 
to  our  countrymen  towards  the  colored  race.  Looking  back  to 
his  times  and  to  the  condition  of  the  country,  this  unfriendly 
feeling  on  his  part  may  safely  be  set  down  as  one  element  of  his 
wonderful  success  in  organizing  the  loyal  American  people  for 
the  tremendous  conflict  before  them,  and  bringing  them  safely 
through  that  conflict.  His  great  mission  was  to  accomplish  two 
things  ;  first,  to  save  his  country  from  dismemberment  and  ruin, 
and  second,  to  free  his  country  from  the  great  crime  of  slavery. 
To  do  one  or  the  other,  or  both,  he  must  have  the  earnest  sym- 
pathy and  the  powerful  co-operation  of  his  loyal  fellow-country- 
men. Without  this  primary  and  essential  condition  to  success, 
his  efforts  must  have  been  vain  and  utterly  fruitless.  Had  he 
put  the  abolition  of  slavery  before  the  salvation  of  ihe  Union, 
he  would  have  inevitably  driven  from  him  a  powerful  class  of 
American  people,  and  rendered  resistance  to  rebellion  impossi- 
ble. Viewed  from  the  genuine  abolition  ground,  Mr.  Lincoln 
seemed  tardy,  cold,  dull,  and  indifferent ;  but  measuring  him  by 
the  sentiment  of  his  country,  a  sentiment  he  was  bound  as  a 
statesman  to  consult,  he  was  swift,  zealous,  radical,  and  deter- 
mined. Though  Mr.  Lincoln  shared  the  prejudices  of  his  white 
fellow-countrymen  against  the  negro,  it  is  hardly  necessary  to 
say  that  in  his  heart  of  hearts  he  loathed  and  hated  .slavery.  He 
was  willing  while  the  Soutn  was  loyal  that  it  should  have  its 
pound  of  flesh,  because  he  thought  it  was  so  nominated  in  the 
bond,  but  further  than  this  no  earthly  power  could  make  him  go. 

Fellow-citizens,  whatever  else  in  this  world  may  be  partial, 


THE   EMANCIPATION   MONUMENT.  189 

unjust  and  uncertain,  time!  time!  is  impartial,  just  and  certain 
in  its  actions.  In  the  realm  of  matter,  it  is  a  great  worker,  and 
often  works  wonders,  The  honest  and  comprehensive  states- 
man, clearly  discerning  the  needs  of  his  country,  and  earnestly 
endeavoring  to  io  his  whole  duty,  though  covered  and  blister- 
ed with  reproaches,  may  safely  leave  his  course  to  the  silent 
judgment  of  time.  Few  great  public  men  have  ever  been  the 
victims  of  fiercer  denunciation  than  Abraham  Lincoln  was  dur- 
ing his  administration.  He  was  often  wounded  in  the  house  of 
his  friends.  Reproaches  came  thick  and  fast  upon  him  from 
within  and  from  without,  and  from  opposite  quarters.  He  was 
assailed  by  abolitionists  ;  he  was  assailed  by  slaveholders  ;  he 
was  assailed  by  men  who  were  for  peace  at  any  price ;  he  was 
assailed  by  those  who  were  for  a  more  vigorous  prosecution 
of  the  war ;  he  was  assailed  for  not  making  the  war  an  abolition 
war;  and  he  was  most  bitterly  assailed  for  making  the  war  an  a- 
bolition  was.  But  now  behold  the  change  ;  the  judgment  of  the 
present  hour  is,  that  taking  him  for  all  in  all,  measuring  the  tre- 
mendous magnitude  of  the  work  before  him,  considering  the  ne- 
cessary means  to  ends,  and  surveying  the  end  from  the  begining, 
infinite  wisdom  has  seldom  sent  any  man  into  the  world  better 
fitted  for  his  mission  than  was  Abraham  Lincoln.  His  birth  ;  his 
training,  and  his  natural  endowments,  both  mental  and  physical, 
were  strongly  in  his  favor.  Born  and  reared  among  the  lowly, 
a  stranger  to  wealth  and  luxury,  compelled  to  grapple  single- 
handed  with  the  flintiest  hardships  from  tender  youth  to  sturdy 

• 

manhood,  he  grew  strong  in  the  manly  and  heroic  qualities  de- 
manded by  the  great  mission  to  which  he  was  called  by  the 
votes  of  his  countrymen.  The  hard  condition  of  his  early  life, 
which  would  have  depressed  and  broken  down  weaker  men,  on- 
ly gave  greater  life,  vigor  and  buoyancy  to  the  heroic  spirit  of 
Abraham  Lincoln.  He  was  ready  for  any  kind  and  any  qualiity 
of  work.  What  other  young  men  dreaded  in  the  shape  of  toil, 


190  THE    EMANCIPATION   MONUMENT. 

he  took  hold  of  with  the  utmost  cheerfulness. 

A  spade,  a  rake,  a  hoe, 
A  pick-axe  or  a  bill ; 

A  hook  to  reap,  a  scythe  to  mow, 

A  flail,  or  what  you  will. 

All  day  long  he  could  split  heavy  rails  in  the  woods,  and 
half  the  night  long  he  could  study  his  English  grammer  by  the 
uncertain  flare  and  glare  of  the  light  made  by  a  pine  knot.  He 
was  at  home  on  the  land  with  his  axe,  with  his  maul,  with  gluts 
and  his  wedges  ;  and  he  was  equally  at  home  on  water,  with  his 
oars,  with  his  poles,  with  his  planks  and  with  his  boathooks. 
And  whether  in  his  flatboat  on  the  Mississippi  river,  or  at  the 
fireside  of  his  frontier  cabin,  he  was  a  man  of  work.  A  son  of 
toil  himself  he  was  linked  in  brotherly  sympathy  with  the  sons 
of  toil  in  every  loyal  part  of  the  Republic.  This  very  fact  gave 
him  tremendous  power  with  the  American  people,  and  mate- 
rially contributed  not  only  to  selecting  him  to  the  Presidency, 
but  in  sustaining  his  administration  of  the  Government. 

Upon  his  inauguration  as  President  of  the  United  States, 
an  office  even  where  assumed  under  the  most  favorable  condi- 
tions, it  is  fitted  to  tax  and  strain  the  largest  abilities,  Abraham 
Lincoln  was  met  by  a  tremendous  pressure.  He  was  called  up- 
on not  merely  to  administer  the  Government,  but  to  decide,  in 
the  face  of  terrible  odds,  the  fate  of  the  Republic.  A  formidable 
rebellion  rose  in  his  path  before  him  ;  the  Union  was  already 
practically  dissolved.  His  country  was  torn  and  rent  asunder  at 
the  centre.  Hostile  enemies  were  already  organized  against  the 
Republic,  armed  with  the  munitions  of  war  which  the  Republic 
had  provided  for  its  own  defense.  The  tremendous  question 
for  him  to  decide  was  whether  his  country  should  survive  the 
crisis  and  flpurish  or  be  dismembered  and  perish.  His  prede- 
cessor in  office  had  already  decided  the  question  in  favor  of  na- 
tional dismemberment,  by  denying  it  the  right  of  self-defense 
and  self-preservation. 


THE    EMANCIPATION  MONUMENT.  191 

Happily  for  the  country,  happily  for  you  and  for  me,  the 
judgment  of  James  Buchanan,  the  patrician,  was  not  the  judg- 
ment of  Abraham  Lincoln,  the  plebeian.  He  brought  his  strong 
common  sense,  sharpened  in  the  school  of  adversity,  to  bear 
upon  the  question.  He  did  not.hesitate,  he  did  not  doubt,  he 
did  not  falter,  but  at  once  resolved  at  whatever  peril,  at  what- 
ever cost,  the  union  of  the  States  should  be  preserved.  A  pa- 
triot himself,  his  faith  was  firm  and  unwavering  in  the  patriot- 
ism of  his  countrymen.  Timid  men  said  before  Mr.  Lincoln's 
inauguration  that  we  had  seen  the  last  President  of  the  United 
States.  A  voice  in  influential  quarters  said  let  the  Union  slide. 
Tome  said  that  a  Union  maintained  by  the  sword  was  worthless. 
Others  said  a  rebellion  of  8,000,000  cannot  be  suppressed.  But 
in  the  midst  of  all  this  tumult  and  timidity,  and  against  all  this 
Abraham  Lincoln  was  clear  in  his  duty,  and  had  an  oath  in 
heaven.  He  calmly  and  bravely  heard  the  voice  of  doubt  and 
fear  all  around  him,  but  he  had  an  oath  in  heaven,  and  there  was 
not  power  enough  on  earth  to  make  this  honest  boatman,  back- 
woodsman and  broad-handed  splitter  of  rails  evade  or  violate 
that  sacred  oath.  He  had  not  been  schooled  in  the  ethics  of 
slavery;  his  plain  life  favored  his  love  of  truth.  He  had  not 
been  taught  that  treason  and  perjury  were  the  proofs  ofhonor 
and  honesty.  His  moral  training  was  against  his  saying  one 
thing  when  he  meant  another.  The  trust  which  Abraham  Lin- 
coln had  of  himself  and  in  the  people  was  surprising  and  grand, 
but  it  was  also  enlightened  and  well  founded.  He  knew  the 
American  people  better  than  they  knew  themselves,  and  his 
truth  was  based  upon  his  knowledge.  •' 

Had  Abraham  Lincoln  died  from  any  of  the  numerous  ills  to 
which  flesh  is  heir ;  had  he  reached  that  good  old  age  to  which 
his  vigorous  constitution  and  his  temperate  habits  gave  prom- 
ise ;  had  he  been  permitted  to  see  the  end  of  his  great  work  ;  had 
the  solemn  curtain  of  death  come  down  but  gradually,  we  should 


192 


THE   EMANCIPATION   MONUMENT. 


still  have  been  smitten  with  a  heavy  grief  and  treasured  his  name 
lovingly.  But  dying  as  he  did  die,  by  the  red  hand  of  vio- 
lence ;  killed,  assassinated,  taken  off  without  warning,  not  be- 
cause of  personal  hate,  for  no  man  who  knew  Abraham  Lincoln 
could  hate  him,  but  because  of  his  fidelity  to  Union  and  liberty, 
he  is  doubly  dear  to  us,  and  will  be  precious  forever, 

Fellow-citizens,  I  end  as,  I  begin,  with  congratulations.  We 
have  done  a  good  work  for  our  race  to-day.  In  doing  honor  to 
the  memory  of  our  friend  and  liberator  we  have  been  doing 
highest  honor  to  ourselves  and  those  who  come  after  us.  We 
have  been  fastening  ourselves  to  a  name  and  fame  imperishable 
and  immortal.  We  have  also  been  defending  ourselves  from  a 
blighting  slander.  When  now  it  shall  be  said  that  the  colored 
man  is  soulless :  that  he  has  no  appreciation  of  benefits  or  bene- 
factors ;  when  the  foul  reproach  of  ingratitude  is  hurled  at  us, 
and  it  is  attempted  to  scourge  us  beyond  the  range  of  human 
brotherhood,  we  may  calmly  point  to  the  monument  we  have 
this  day  erected  to  the  memory  of  Abraham  Lincoln." 


EMjyppjmoi(  BY  THE  INDIANS, 


EMANCIPATION  BY  THE  INDIANS. 


Doubtless  it  is  generally  believed  that  the  eman- 
cipation proclamation,  thirteenth  amendment  to  the 
National  Constitution,  and  the  several  acts  of  Congress 
passed  in  furtherance  of  the  abolition  of  slavery  in  the 
several  States  and  Territories  of  the  United  States  gave 
freedom  to  all  the  slaves'therein  ;  in  this  opinion  the  hi  s- 
torians  have  taken  no  small  share  and  the  American  peo- 
ple, particularly  at  the  North, so  accepted  the  efficacious- 
ness of  these  acts,  rendered  still  more  effective  by  the 
surrender  of  Generals  Lee's  and  Johnson's  forces — all 
that  remained  of  the  Confederate  armies  in  1865, — that 
they  heralded  the  birth  of  universal  emancipation 
throughout  the  country.  Literally  this  was  not  true, 
for  there  yet  remained  in  slavery  within  the  boundary 
of  the  United  States,  thousands  of  Negro  slaves.  While 
civilization  and  freedom  have  marched  side  by  side  with 
each  other,  the  civilization  of  the  two  sections,  North 
•and  South,  has  been  as  distinct  as  that  of  Germany  and 
Spain,  the  one  giving  freedom  to  the  many  and  the 
other  freedom  to  the  few,  and  this  may  be  seen  from 
the  result  of  the  teachings  of  the  two  sections  regard- 
ing the  uncivilized  Indian  tribes  inhabiting  them — 
though  strongly  opposing  the  mode  and  manner  of  the 
European  specially  in  that  of  husbandry — yet  they  were 


EMANCIPATION   BY   THE   INDIANS.  195 

sometimes  obliged  to  give  up  their  prejudices  and  vices 
and  accept  the  civilization  of  the  European  or  be  driven 
from  their  hunting  grounds  into  the  Western  forest 
there  to  become  extinct. 

Several  of  the  Southern  tribes  however  had  not  the 
opportunity  of  thus  fleeing  from  civilization  ;  they  were 
surrounded  by  Europeans  who  landed  on  the  shores  of 
the  Atlantic  and  descended  either  the  Ohio  or  ascended 
the  Mississippi  and  settled  upon  their  borders.  Thus  cut 
off  from  retreat — unlike  the  tribes  at  the  North — driven 
before  the  rapid  advance  of  civilization,  but  fenced 
within  narrow  limits,  unable  to  make  good  their  escape, 
they  accepted  so  much  of  civilization  as  allowed  them 
either  to  remain  with  the  whites,  intermingling  with 
them,  or  though  living  separately ,were  doomed  to  labor 
in  agricultural  fields,  and  in  short  they  imbibed  all  the 
vices  of  their  civilizers  and  sought  luxurious  ease 
through  the  labor  of  the  Negro  and  became  slave 
holders  themselves.  The_Cherokees,  Creeks,  Choctaws, 
Chickasaws,  and  Seminolejbribes  were  found  in  pos- 
session  of  twelve  thousand  six  hundred  and  six  Xegro 
slaves  at  the  close  of  the  war  of  1861-5.  Demands  for 
the  liberation  of  the  slaves  were  made  by  the  United 
States  government,  but  each  demand  was  met  with  a 
refusal,  and  as  the  government  of  the  states  in  which 
these  tribes  lived  had  not  taxed  them,and  as  the  United 
States  government  had  ever  dealt  with  them  as  Nations, 
consequently  she  found  no  authority  to  enforce  either 
the  Emancipation  edict,  or  the  provisions  of  the  amend- 


196  EMANCIPATION    BY   THE   INDIANS. 

ed  National  Constitution,  but  by  treaties  made  with  the 
United  States,  these  tribes,  in  1866,  emancipated  their 
slaves. 

The  Seminole  Nation  in  a  treaty  concluded  March 
21st,  18(56,  specified  that: 

"The  Seminole  nation  covenant  that  henceforth  in  said  nation 
slavery  shall  not  exist,  nor  involuntary  servitude,  except  for  and 
in  punishment  of  crime,  whereof  the  offending  party  shall  first 
have  been  duly  convicted  in  accordance  with  law,  applicable  to 
all  the  members  of  said  nation.  And  inasmuch  as  there  are  a- 
mongthe  Seminoles  many  persons  of  African  descent  and  blood, 
who  have  no  interest  or  property  in  the  soil,  and  no  recognized 
civil  rights,  it  is  stipulated  that  hereafter  these  persons  and  their 
descendants,  and  such  other  of  the  same  race  as  shall  be  per- 
mitted by  said  nation  to  settle  there,  shall  have  and  enjoy  all 
the  rights  of  native  citizens,  and  the  laws  of  said  nation  shall 
be  equally  binding  upon  all  persons  of  whatever  race  or  color 
who  may  be  adopted  as  citizens  or  members  of  said  tribe." 

The  Choctaw  and  Chickasaw  Nations  entered  into 
a  treaty  with  the  United  States  of  America  on  the 
28th  of  April,  1866,  in  which  it  was  stipulated. 

"That  henceforth  neither  slavery  nor  involuntary  Servi- 
tude, otherwise  than  in  punishment  of  crime  whereof  the  parties 
shall  have  been  duly  convicted,  in  accordance  with  laws  appli- 
cable to  all  members  of  the  particular  nation,  shall  ever  exist  in 
said  nations. 

ARTICLK  3. 

"  The  Choctaws  and  Chickasaws,  in  consideration  of  the  sum 
of  §300,000,  hereby  cede  to  the  United  States  the  territory  west 
of  the  98°  west  longitude,  known  as  the  leased  district,  provided 
that  the  said  sum  shall  be  invested  and  held  by  the  United 


EMANCIPATION   BY   THE   INDIANS  197 

States,  at  an  interest  not  less  than  five  per  cent.,  in  trust  for  the 
said  nations,  until  the  legislatures  of  the  Choctaw  and  Chicka- 
saw  nations  respectively  shall  have  made  such  laws,  rules,  and 
regulations  as  may  be  necessary  to  give  all  persons  of  African 
descent,  resident  in  the  said  nations  at  the  date  of  the  treaty  of 
Fort  Smith,  and  their  descendants,  heretofore  held  in  slavery 
among  said  nations,  all  the  rights,  privileges,  and  immunities, 
including  the  right  of  suffrage,  of  citizens  of  said  nations  except 
in  the  annuities,  moneys,  and  public  domain  claimed  by,  or  be- 
longing to,  said  nations  respectively ;  and  also  to  give  to  such 
persons  who  were  residents  as  aforesaid,  and  their  descendants, 
forty  acres  each  of  the  land  of  said  nations  on  the  same  terms 
as  the  Choctaws  and  Chickasaws,  to  be  selected  on  the  survey 
of  said  land,  after  the  Choctaws  and  Chickasaws  and  Kansas 
Indians  have  made  their  selections  as  herein  provided ;  and  im- 
mediately on  the  enactment  of  such  laws,  rules,  and  regulations, 
the  said  sum  of  $300,000  shall  be  paid  to  the  said  Choctaw  and 
Chickasaw  nations  in  the  proportion  of  three-fourths  to  the 
former  and  one-fourth  to  the  latter — less  such  sum,  at  the  rate 
of  one  hundred  dollars  per  capita,  as  shall  be  sufficient  to  pay 
such  persons  of  African  descent  before  referred  to  as  within 
ninety  days  after  the  passage  of  such  laws,  rules  and  regulations 
shall  elect  to  remove  and  actually  remove  from  the  said  nations 
respectively.  And  should  the  said  laws,  rules  and  regulations 
not  be  made  by  the  legislatures  of  the  said  nations  respectively, 
within  two  years  from  the  ratification  of  this  treaty,  then  the 
said  sum  of  three  hundred  thousand  dollars  shall  cease  to  be 
held  in  trust  for  the  said  Choctaw  and  Ckickasaw  nations,  and 
be  held  for  use  and  benefit  of  such  of  said  persons  of  African 
descent  as  the  United  States  shall  remove  from  the  said  terri- 
tory in  such  manner  as  the  United  States  shall  deem  proper — 
the  United  States  agreeing,  within  ninety  days  from  the  expira- 
tion of  the  said  two  years,  to  remove  from  said  nations  all  such 


198  EMANCIPATION   BY   THE    INDIANS. 

persons  of  African  descent  as  may  be  willing  to  remove ;  those 
remaining  or  returning  after  having  been  removed  from  said 
nations  to  have  no  benefit  of  said  sum  of  three  hundred  thou- 
sand dollars,  or  any  part  thereof,  but  shall  be  upon  the  same 
footing  as  other  citizens  of  the  United  States  in  the  said  nations. 

ARTICLE  4. 

"  The  said  nations  further  agree  that  all  negroes,  not  other- 
wise disqualified  or  disabled,  shall  be  competent  witnesses  in  all 
civil  and  criminal  suits  and  proceedings  in  the  Choctaw  and 
Chickasaw  courts,  any  law  to  the  contrary  notwithstanding ;  and 
they  fully  recognize  the  right  of  the  freedmen  to  a  fair  remunera- 
tion on  reasonable  and  equitable  contracts  for  their  labor,  which 
the  law  should  aid  them  to  enforce.  And  they  agree,  on  the 
part  of  their  respective  nations,  that  all  laws  shall  be  equal  in 
their  operation  upon  Choctaws,  Chickasaws,  and  negroes,  and 
that  no  distinction  affecting  the  latter  shall  at  any  time  be  made, 
and  that  they  shalll  be  treated  with  kindness  and  be  protected 
against  injury  ;  and  they  further  agree,  that  while  the  said  freed- 
men, new  in  [the  Chcctaw  and  Chickasaw  nations  remain  in 
said  nations  respectively,  they  shall  be  entitled  to  as  much  land 
as  they  may  cultivate  for  the  support  of  themselves  and  fami- 
lies, in  cases  where  they  do  not  support  themselves  and  families 
by  hiring,  not  interfering  with  existing  improvements  without 
the  consent  of  the  occupant,  it  being  understood  that  in  the 
event  of  the  making  of  the  laws,  rules,  and  regulations  afore- 
said, the  forty  acres  aforesaid  shall  stand  in  place  of  the  land 
cultivated  as  last  aforesaid." 

On  the  14th  of  June,  1866,  the  Creek  Nation  con- 
cluded a  treaty,  the  second  article  of  which  reads : 

"  The  Creeks  hereby  covenant  and  agree  that  henceforth  neith- 
er slavery  nor  involuntary  servitude,  otherwise  than  in  the 
punishment  of  crimes,  whereof  the  parties  shall  have  been  du- 


EMANCIPATION    BY    THE   INDIANS.  199 

ly  convicted  in  accordance  with  laws  applicable  to  all  members 
of  said  tribe,  shall  ever  exist  in  said  nation ;  and  inasmuch  as 
there  are  among  the  Creeks  many  persons  of  African  descent, 
who  have  no  interests  in  the  soil,  it  is  stipulated  that  hereafter 
these  persons  lawfully  residing  in  said  Creek  country  under 
their  laws  and  usages,  or  who  have  been  thus  residing  in  said 
country,  and  may  return  within  one  year  from  the  ratification 
of  this  treaty,  and  their  descendants  and  such  others  of  the  same 
race  as  may  be  permitted  by  the  laws  of  the  said  nation  to  set- 
tle within  the  limits  of  the  jurisdiction  of  the  Creek  Nation  as 
citizens  [thereof,]  shall  have  and  enjoy  all  the  rights  and  privi- 
leges of  native  citizens,  including  an  equal  interest  in  the  soil 
and  national  funds,  and  the  laws  of  the  said  nation  shall  be  e- 
qually  binding  upon  and  give  equal  protection  to  all  such  per- 
sons; and  all  others,  of  whatsoever  race  or  color,  who  may  be 
adopted  as  citizens  or  members  of  said  tribe. 

The  treaty  made  with  the  Cherokee  Nation  July 
19th,  1866,  relating  to  the  emancipation  of  their  slaves, 

sets  forth  that : 

ARTICLE  4. 

.  "  All  the  Cherokees  and  freed  persons  who  were  formerly 
slaves  to  any  Cherokee,  and  all  free  negroes  not  having  been 
such  slaves,  who  resided  in  the  Cherokee  nation  prior  to  June 
ist,  1 86 1,  who  may  within  two  years  elect  not  to  reside  north- 
east of  the  Arkansas  river  and  southeast  of  Grand  river,  shall 
have  the  right  to  settle  in  and  occupy  the  Canadian  district 
southwest  of  the  Arkansas  river,  and  also  all  that  tract  of  coun- 
try lying  northwest  of  Grand  river,  and  bounded  on  the  south- 
east by  Grand  river  and  west  by  the  Creek  reservation  to  the 
northeast  corner  thereof ;  from  thence  west  on  the  north  line 
of  the  Creek  reservation  to  the  ninety-sixth  degree  of  west  long- 
itude ;  and  thence  north  on  said  line  of  longitude  so  far  that  a 
line  due  east  to  Grand  river  will  include  a  quantity  of  land  equal 


200  EMANCIPATION    BY    THE   INDIANS. 

to  1 60  acres  for  each  person  who  may  so  elect  to  reside  in  the 
territory  above  described  in  this  article :  Provided,  That  that 
part  of  said  district  north  of  the  Arkansas  river  shall  not  be  set 
apart  until  it  shall  be  found  that  the  Canadian  district  is  not 
sufficiently  large  to  allow  one  hundred  and  sixty  acres  to  each 
person  desiring  to  obtain  settlement  under  the  provisions  of 
the  article. 

ARTICLE  9. 

The  Cherokee  nation  having,  voluntarily,  in  February,  1863, 
by  an  act  of  their  national  council,  forever  abolished  slavery, 
hereby  covenant  and  agree  that  never  hereafter  shall  either 
slavery  or  involuntary  servitude  exist  in  their  nation  otherwise 
than  in  the  punishment  of  crime,  whereof  the  party  shall  have 
been  duly  convicted,  in  accordance  with  laws  applicable  to  all 
the  members  of  said  tribe  alike.  They  further  agree  that  all 
freedmen  who  have  been  liberated  by  voluntary  act  of  their 
former  owners  or  by  law,  as  well  as  all  free  colored  persons  who 
were  in  the  country  at  the  commencement  of  the  rebellion,  and 
are  now  residents  therein,  or  who  may  return  within  six  months, 
and  their  descendants,  shall  have  all  the  rights  of  native  Chero- 
kees  :  Provided,  That  owners  of  slaves  so  emancipated  in  th*e 
Cherokee  nation  shall  never  receive  any  compensation  or  pay 
for  the  slaves  so  emancipated. 

ARTICLE  10. 

Every  Cherokee  and  freed  person  resident  in  the  Cherokee 
nation  shall  have  the  right  to  sell  any  products  of  his  farm,  in- 
cluding his  or  her  live  stock,  or  any  merchandise  or  manufac- 
tured products,  and  to  ship  and  drive  the  same  to  market  with- 
out restraint;  paying  any  tax  thereon  which  is  now  or  may  be 
levied  by  the  United  States  on  the  quantity  sold  outside  of  the 
Indian  territory," 


EMANCIPATION   BY    THE   INDIANS. 


201 


By  these  treaties  the  last  vestige  of  slavery  in  the 
United  States  and  among  the  civilized  tribes  was  wip- 
ed out,  leaving  whatever  remained  of  the  institution 
with  the  uncivilized  tribes  along  the  frontier,  and 
with  these  there  cannot  be  but  a  few  Negro  slaves,  if 
indeed  there  are  any. 


[M] 


PROCLAMATION 


THE  EMANCIPATION  PROCLAMATION 
OF  SEPT.  22nd,  1862. 


"  I,  Abraham  Lincoln,  President  of  the  United  States  of 
America,  and  Commander-in-Chief  of  the  Army  and  Navy  there- 
of, do  hereby  proclaim  and  declare  that  hereafter  as  heretofore 
the  war  will  be  prosecuted  for  the  object  of  practically  restoring 
the  constitutional  relation  between  the  United  States  and  the 
people  thereof  in  those  States  in  which  that  relation  is,  or  may 
be,  suspended  or  disturbed  ;  that  it  is  my  purpose  upon  the  next 
meeting  of  Congress  to  again  recommend  the  adoption  of  a 
practical  measure  tendering  pecuniary  aid  to  the  free  acceptance 
or  rejection  of  all  the  slave  States,  so-called,  the  people  whereof 
may  not  then  be  in  rebellion  against  the  United  States,  an  d 
which  States  may  then  have  voluntarily  adopted,  or  thereafter 
may  voluntarily  adopt,  the  immediate  or  gradual  abolishment 
of  slavery  within  their  respective  limits,  and  that  the  effort  to 
colonize  persons  of  African  descent,  with  their  consent,  upon 
the  continent  or  elsewhere,  with  the  previously  obtained  con- 
sent of  the  Government  existing  there,  will  be  continued  ;  that 
on  the  first  day  of  January,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty  three,  all  persons  held  as  slaves 
within  any  State,  or  any  designated  part  of  a  State,  the  people 
whereof  shall  then  be  in  rebellion  against  the  United  States, 
shall  be  then,  thenceforward  and  forever,  free,  and  the  executive 
Government  of  the  United  States,  including  the  military  and 
naval  authority  thereof,  will  recognize  and  maintain  the  freedom 
of  such  persons,  and  will  do  no  act  or  acts  to  repress  such 
person,  or  any  of  them,  in  any  efforts  they  may  make 
for  their  actual  freedom  :  that  the  Executive  will,  on  the  first 


EMANCIPATION    PROCLAMATION.  205 

day  of  January,  aforesaid,  by  proclamation,  designate  the  States 
and  parts  of  States,  if  any,  in  which  the  people  thereof  respect- 
ively shall  then  be  in  rebellion  against  the  United  States  ;  and 
the  fact  that  any  State,  or  the  people  thereof,  shall  on  that  day 
be  in  good  faith  represented  in  the  Congress  of  the  United 
States  by  members  chosen  thereto,  at  elections  wherein  a  ma- 
jority of  the  qualified  voters  of  such  State  shall  have  participated, 
shall,  in  the  absence  of  strong  countervailing  testimony,  be 
deemed  conclusive  evidence  that  such  State  and  the  people 
thereof  have  not  been  in  rebellion  against  the  United  States. 
"  That  attention  is  hereby  called  to  an  act  of  Congress  entitled 
"  An  act  to  make  an  additional  article  of  war,  "  approved  March 
13,  1 862, and  which  act  is  in  the  words  and  figures  following : 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America,  in  Congress  assembled,  That  here- 
after the  following  shall  be  promulgated  as  an  additional  article 
of  war  for  the  government  of  the  army  of  the  United  States,  and 
shall  be  observed  and  obeyed  as  such . 

"  '  Article — ,  All  officers  or  persons  of  the  military  or  naval 
Service  of  the  United  States  are  prohibited  from  employing  any 
of  the  forces  under  their  respective  commands  for  the  purpose 
of  returning  fugitives  from  service  or  labor,  who  may  have  es- 
caped from  any  persons  to  whom  such  service  or  labor  is  claimed 
to  be  due,  and  any  officer  who  shall  be  found  guilty  by  a 
court-martial  of  violating  this  article,  shall  be  dismissed  from 
the  service. 

"  '  Sec.  2.  And  be  it  further  enacted,  That  this  act  shall 
take  effect  from  and  after  its  passage,  " 

"Also  to  the  ninth  and  tenth  sections  of  an  act  entitled, 
"  An  act  to  suppress  insurrection,  to  punish  treason  and  rebellion, 
to  seize  and  confiscate  property  of  rebels,  and  for  other  purposes' 
approved  July  17,  1862,  and  which  sections  are  in  the  words  and 
figures  following: 


206  EMANCIPATION    PROCLAMATION. 

"  '  Sec  g.  And  be  it  further  enacted.  That  all  slaves  of 
persons  who  shall  hereafter  be  engaged  in  rebellion  against  the 
Government  of  the  United  States,  or  who  shall  in  any  way  give 
aid  or  comfort  thereto,  escaping  from  such  persons  and  taking 
refuge  within  the  lines  of  the  army ;  and  all  slaves  captured  from 
such  persons  or  deserted  by  them,  and  coming  under  the  control 
of  the  Government  of  the  United  States,  and  all  slaves  of  such 
persons  found  on  (  or  being  within,)  any  place  occupied  by  rebel 
forces,  and  afterwards  occupied  by  the  forces  of  the  United 
States,  shall  be  deemed  captives  of  war,  and  shall  be  forever  free 
of  their  servitude  and  not  again  held  as  slaves. 

"  '  Sec.  10.  And  be  it  further  enacted,  That  no  slave  es- 
caping into  any  State,  Territory,  or  the  District  of  Columbia, 
from  any  of  the  States,  shall  be  delivered  up,  or  in  any  way  im- 
peded or  hindered  of  his  liberty,  except  for  crime,  or  some  off- 
ence against  the  laws,  unless  the  person  claiming  said  fugitive 
shall  first  make  oath  that  the  person  to  whom  the  labor  or  ser- 
vice of  such  fugitive  is  alleged  to  be  due,  is  his  lawful  owner,  and 
has  not  been  in  arms  against  the  United  States  in  the  present 
rebellion,  nor  in  any  way  given  aid  and  .comfort  thereto: 
and  no  person  engaged  in  the  military  or  naval  service  of  the 
United  States  shall,  under  any  pretense  whatever,  assume  to 
decide  on  the  validity  of  the  claim  of  any  person  to  the  service 
or  labor  of  any  other  person,  or  surrender  up  any  such  person 
to  the  claimant,  on  pain  of  being  dismissed  from  the  service,  " 
"And  I  do  hereby  enjoin  upon,  and  order  all  persons  en- 
gaged in  the  military  and  naval  service  of  the  United  States  to 
observe,  obey  and  enforce  within  their  respective  spheres  of  ser- 
vice the  act  and  sections  above  recited. 

'  '  And  the  executive  will  in  due  time  recommend  that  all 
citizens  of  the  United  States  who  shall  have  remained  loyal  there- 
to throughout  the  rebellion,  shall  (upon  the  restoration  of  the 
constitutional  relation  between  the  United  States  and  their  re- 


EMANCIPATION   PROCLAMATION.  207 

spective  states  and  people,  if  the  relation  shall  have  been  sus" 
pended  or  disturbed  )  be  compensated  for  all  losses  by  acts  of  the 
United  States,  including  the  loss  of  slaves. 

"  In  witness  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

"  Done  at  the  city  of  Washington,  this  twenty-second  day 
of  September,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty  two,  and  of  the  Independence  of  the  United 
States  the  eighty-seventh. 

"  By  the  President;  ABRAHAM  LINCOLN. 

"  WM.  H.  SEWARD,  Secretary  of  Slate,  " 


PROCLAMATION  OF  JANUARY  FIRST,   1863. 

"  Whereas ;  on  the  twenty-second  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-two,  a 
proclamation  was  issued  by  the  President  of  the  United  States 
containing,  among  other  things,  the  following,  to  wit: 

"  That  on  the  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  all  persons  held  as 
slaves  within  any  State,  or  designated  part  of  a  State,  the  peo- 
ple whereof  shall  then  be  in  rebellion  against  the  United  States, 
shall  be  then,  thenceforth  and  forever  free,  and  the  Exe- 
cutive Government  of  the  United  States,  including  the  military 
and  naval  authorities  thereof,  will  recognize  and  maintain  the 
freedom  of  such  persons,  and  will  do  no  act  or  acts  to  repress  such 
persons,  or  any  of  them,  in  any  efforts  they  may  make  for  their 
actual  freedom, 

"  That  the  Executive  will,  on  the  first  day  of  January  afore- 
said, by  proclamation,  designate  the  States  and  parts  of  States 
if  any,  in  which  the  people  therein  respectively  shall  then  be  in 
rebellion  against  the  United  States,  and  the  fact  that  any  State  or 
the  people  thereof  shall  on  that  day  be  in  good  faith  represent- 


208  EMANCIPATION    PROCLAMATION. 

ed  in  the  Congress  of  the  United  States  by  members  chosen 
thereto,  at  elections  wherein  a  majority  of  the  qualified  voters 
of  such  States  shall  have  participated,  shall,  in  the  absence  of 
strong  countervailing  testimony,  be  deemed  conclusive  evidence 
that  such  State  and  the  people  thereof  are  not  then  in  rebellion 
agaist  the  United  States. 

"  Now,  therefore,  I,  Abraham  Lincoln,  President  of  the  Uni- 
ted States,  by  virtue  of  the  power  in  me  vested  as  Commander- 
in-chief  of  the  Army  and  Navy  of  the  United  States  in  time  of 
actual  armed  rebellion  against  the  authority  and  Government  of 
the  United  States,  and  as  a  fit  and  necessary  war  measure  for  sup- 
pressing said  rebellion,  do,  on  this  first  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-three :  and  in 
accordance  with  my  purpose  so  to  do,  publicly  proclaim  for  the 
full  period  of  one  hundred  days  from  the  day  of  the  first  above- 
mentioned  order,  and  designate,  as  the  States  and  parts  of 
States  wherein  the  people  thereof  respectively  are  this  day  in 
rebellion  against  the  United  States,  the  following  to  wit;  Arkan- 
sas, Texas,  Louisiana,  except  the  parishes  of  St.  Bernard,  Palque- 
mines,  Jefferson,  St.  John,  St.  Charles,  St.  James,  Ascension, 
Assumption,  Terre  Bonne,  Lafourche,  St.  Mary,  St,  Martin,  and 
Orleans,  including  the  City  of  New  Orleans,  Mississipi.  Alaba- 
ma, Forida,  Georgia,  South  Carolina,  North  Carolina,  and  Vir- 
ginia, except  the  forty-eight  counties  designated  as  West  Vir- 
ginia, and  also  the  counties  of  Berkeley,  Accomac,  Northamp- 
ton, Elizabeth  City,  York,  Princess  Ann,  and  Norfolk 
including  the  cities  of  Norfolk  and  Portsmouth,  and  which  ex- 
cepted  parts  are,  for  the  present,  left  precisely  as  if  this  procla- 
mation were  not  issued. 

"  And  by  virtue  of  the  power  and  for  the  purpose  aforesaid, 
I  do  order  and  declare  that  all  persons  held  as  slaves  within  said 
designated  States  and  parts  of  States  are,  and  henceforward 
shall  be  free  ;  and  that  the  Executive  Government  of  thef  Unit- 


EMANCIPATION    PROCLAMATION.  209 

ed  States,  including  the  Military  and   authorities   thereof,   will 
recognize  and  maintain  the  freedom  of  said  persons. 

"  And  I  hereby  enjoin  upon  the  people  so  declared  to  be  free 
to  abstain  from  all  violence,  unless  in  necessary  self-defense,  and 
1  recommend  to  them,  that  in  all  cases,  when  allowed,  they  la- 
bor faithfully  for  reasonable  wages. 

"  And  I  further  declare  and  make  known  that  such  persons 
of  suitable  condition  will  be  received  into  the  armed  service  of 
the  United  States  to  garrison  forts,  positions,  stations,  and  oth- 
er places,  and  to  man  vessels  of  all  sorts  in  said  service. 

"  And  upon  this,  sincerely  believed  to  be  an  act  of  justice 
warranted  by  the  Constitution,  and  upon  military  necessity,  I 
invoke  the  considerate  judgment  of  mankind  and  the  gracious 
favor  of  Almighty  God. 

"  In  witness  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

"  Done  at  the  city  of  Washington,this  first 
day  of  January,  in  the  year  of  our   Lord  one  thou- 
sand eight  hundred  and  sixty  three,  and  of  the   In- 
[  L.  s.  ]      dependence  of  the  United   States   of  America  the 

eighty-seventh. 

"  By  the  President;  '      ABRAHAM  LINCOLN. 

WILLIAM  H.  SEWARD,  Secretary  of  State.  " 


RATIFICATION  OF  THE    XIII    AMENDMENT, 

WILLIAM  H.  SEWARD, 
Secretary  of  State  of  The  United  States, 

TO  ALL  TO  WHOM   THESE    PRESENTS    MAY    COME,   GREETING : 

Know  ye,  that  whereas  the  Congress  of  the  U  nited 
States  on  the  1st  of  February  last,  passed  a  resolution 
which  is  in  the  words  following,  namely  : 

"A  Resolution  submitting  to  the  Legislatures  of  the  several  States 
a  proposition  to  amend  the  Constitution  of  the  United  States. 

"Resolved  by  the  Senate  and  House  of  Represenatives  of  Jhe 
United  States  of  America  in  Congress  assembled,  (two-thirds  of 
both  houses  concurring^  That  the  following  article  be  propos-, 
ed  to  the  Legislatures  of  the  several  States  as  an  amendment 
to  the  Constitution  of  the  United  States,  which  when  ratified 
by  three-fourths  of  said  Legislatures,  shall  be  valid,  to  all  in- 
tents and  purposes,  as  a  part  of  the  said  Constitution,  namely  : 
ARTICLE  XIII. 

"SECTION  i.  Neither  slavery  nor  involuntary  servitude,  ex- 
cept as  a  punishment  of  crime,  whereof  the  party  shall  have  been 
duly  convicted,  shall  exist  within  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

"SECTION  2 .  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation." 

And  whereas,  it  appears  from  official  documents  on 
file  in  this  Department  that  the  amendment  to  the  Con- 
stitution of  the  United  States  proposed,  as  aforesaid, 
has  been  ratified  by  the  legislatures  of  the  States  of  Il- 
linois, Rhode  Island,  Michigan,  Maryland,  New  York, 
West  Virginia,  Maine,  Kansas,  Massachusetts,  Penn- 


RATIFICATION   OF   THE   XIII   AMENDMENT.  211 

sylvania,  Virginia,  Ohio,  Missouri,  Nevada,  Indiana, 
Louisiana,  Minnesota,  Wisconsin,  Vermont,  Tennessee, 
Arkansas,  Connecticut,  New  Hampshire,  South  Caroli- 
na, Alabama,  North  Carolina,  and  Georgia;  in  all  twen- 
ty-seven States: 

And  whereas  the  whole  number  of  States  in  the  Uni- 
ted States  is  thirty-six;  and  whereas  the  before  spec- 
ially-named States,  whose  legislatures  have  ratified  the 
said  proposed  amendment,  constitutes  three-fourths  of 
the  whole  number  of  States  in  the  United  States  : 

Now,  therefore,  be  it  known  that  I,  WILLIAM  H. 
SEWARD,  Secretary  of  State  of  the  United  States,  by 
virtue  and  in  pursuance  of  the  second  section  of  the 
act  of  Congress,  approved  the  twentieth  of  April,  eigh- 
teen hundred  and  eighteen,  entitled  "An  act  to  provide 
for  the  publication  of  the  laws  of  the  United  States  and 
for  other  purposes,"  do  hereby  certify  that  the  amend- 
ment aforesaid  has  become  valid,  to  all  intents  and  pur- 
poses, as  a  part  of  the  Constitution  of  the  United  States. 

In  testimony  whereof,  I  have  hereunto  set  my  hand 
and  caused  the  seal  of  the  Department  of  State  to  be  af- 
fixed. 

Done  at  the  city  of  Washington,  this  eighteenth  day 

of  December,  in  the  year  of  our  Lord   one  thou- 

(L.  S.)        sand   eight  hundred   and   sixty-five,  and  of 

the  Independence  of  the   United   States  of 

America  the  ninetieth. 

WILLIAM  fl.  SEWARD, 
Secretary  of  State. 


212  RATIFICATION   OF   THE   XIII   AMENDMENT. 

RATIFICATION  OF  THE  xm  AMENDMENT  BY  THE  STATES. 

Alabama December  2nd,  1865 

Arkansas April  20, 1 865 

*California December  20,  1865 

Connecticut May    5,  1865 

^Florida December  28,  1865 

Georgia December  9,  1862 

Illinois   . .  .• February  i,  1865 

Indiana. February  16,  1865 

*Iowa January  24,  1 865 

Kansas February  7,  1 865 

Louisiana February  1 7,  1 865 

Maine   February  7,  1 865 

Maryland February  3,  1 865 

Massachusetts   February  8,  1865 

Michigan February  2,  1865 

Minnesota February  23,  1865 

Missouri February  10,  1895 

Nevada February  16,  1865 

New  Hampshire July  i,  1865 

*New  Jersey January  23,   1866 

New  York February  3,  1865 

North  Carolina December  4,  1865 

Ohio ..  February  10,  1865 

*Oregon December  1 1,  1865 

Pennsylvania February  8,  1865 

Rhode  Island February  2,  1865 

South  Carolina November  13,  1865 

Tennessee April  7,  1 865 

Vermont .    . .    March  9,  1 865      • 

Virginia „ February  9,  1865 

West  Virginia February  3,  1865 

Wisconsin   .  .    March  i ,  1 865 

Texas February  1 8.  1 870 

Secretary    of     State,    Seward,    issued     his    procla- 
mation on  the  18th  of  December,  1865,  at  which   time, 
only  twenty  seven  states  had  certified  their  ratification. 
Oregon  ratified  on  the  llth  of  December,  but  probably 


RATIFICATION   OF   THE   XIII   AMENDMENT.  213 

too  late  for  the  official  notification  to  reach  Washing- 
ton. The  other  states  are  marked (*)  showing  clear- 
ly that  they  were  too  late  to  be  counted,  though  enough 
had  already  ratified  to  justiry  the  Secretary  of  State  in 
issuing  the  proclamation  as  required  by  law. 

EMANCIPATED. 

The  following  Table  shows  the  number  of  slaves 

freed. 

Alabama 435,080 

Arkansas     111,115 

Delaware .    i  ,798 

Florida 61,745 

Georgia 462, 1 98 

Kansas. 2 

Kentucky 225,483 

Louisiana 331,726 

Maryland 87, 1 89 

Mississippi   436,63 1 

Missouri 114,931 

Nebraska 15 

*New  Jersey  1 8 

North  Carolina   33r.°59 

South  Carolina 402,406 

Tennessee 275,719 

Texas   1 82,566 

Virginia 490,865 

District  of  Columbia 3>l&5 

Territory  of  Utah 29 

By  the  Indians , 1 2,606 


Total 3,966,366 

St,  Domingo 800,000 

Gaudaloupe 85,000 

Columbia 900,000 

*Xew  Jersey — These  were  eighteen  apprentices   for  life,  freed   by 
XIII  amandnent. 


214  SLAVES   FREED. 

Cape  colony 30,000 

Jamaica 331 ,000 

Antigua 30,000 

Russia ."". 23,000,000 

Israelites,  including  women  and  childr'n.    2,500,000 

Indians  in  Spain 700 

Porto  Rica. 35,000 

India 1,500,000 


Declaration  of  Independence 


AND   THE 


Constitution  of  the  United  States, 


THE  DECLARATION  OF  INDEPENDENCE.— 1776. 

IN  CONGRESS,  JULY  4,  1776. 
The   Unanimous  Declaration  of  the  thirteen  U.  S.  of  America* 


WHEN,  in  the  course  of  human  events,  it  becomes  neces- 
sary for  one  people  to  dissolve  the  political  bands  which  have 
connected  them  with  anotner,  and  to  assume  among  the  Pow- 
ers of  the  earth,  the  separate  aud  equal  station  to  which  the 
Laws  of  Nature  and  of  Nature's  God  entitle  them,  a  decent  re- 
spect to  the  opinions  of  mankind  requires  that  they  should  de- 
clare the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are 
created  equal,  that  they  are  endowed  by  their  Creator  with  cer- 
tain unalienable  Rights  ;  that  among  these  are  Life,  Liberty,  and 
the  pursuit  of  Happiness.  That  to  secure  these  rights,  Gov- 
rnmants  are  instituted  am:)!*  M^n,  deriving  thair  just  powers 
from  the  consent  of  the  governed  ;  That  whenever  any  Form 
of  Government  becomes  destructive  of  these  ends,  it  is  the 
Right  of  the  People  to  alter  or  to  abolish  it,  and  to  institute 
new  Government,  laying  its  foundations  on  such  principles  and 
organizing  its  powers  in  such  form,  as  to  them  shall  seem  most 
likely  to  effect  their  Safety  and  Happiness.  Prudence,  indeed, 
will  dictate  that  Governments  long  established  should  not  be 
changed  for  light  and  transient  causes  ;  and  accordingly  all  ex- 
perience hath  shown,  that  mankind  are  more  disposed  to  suffer, 
while  evils  are  sufferable,  than  to  right  themselves  by  abolish- 
ing the  forms  to  which  they  are  accustomed.  But  when  a  long 
train  of  abuses  and  usurpations,  pursuing  invariably  the  same 
Object,  evinces  a  design  to  reduce  them  under  absolute  Despo- 
tism, it  is  their  right,  it  is  their  duty,  to  throw  off  such  Govern- 


THE   DECLARATION  OF   INDEPENDENCE.  21 T 

ment,  and  to  provide  new  Guards  for  their  future  security. 
Such  has  been  the  patient  sufferance  of  these  Colonies;  and 
such  is  now  the  necessity  which  constrains  them  to  alter  their 
former  systems  of  Government.  The  history  of  the  present 
King  of  Great  Britain  is  a  history  of  repeated  injuries  and  usur- 
pations, all  having  in  direct  object  the  establishment  of  an  ab- 
solute Tyranny  over  these  States.  To  prove  this  let  facts  be 
submitted  to  a  candid  world. 

He  has  refused  his  Assent  to  Laws  the  most  wholesome 
and  necessary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  Laws  of  immediate 
and  pressing  importance,  unless  suspended  in  their  operation 
till  his  Assent  should  be  obtained  ;  and  when  so  suspended,  he 
has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  Laws  for  the  accommodation 
of  large  districts  of  people,  unless  those  people  would  relinquish 
the  right  of  Representation  in  the  Lagislature,  a  right  inestima- 
ble to  them  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual, 
uncomfortable  and  distant  from  the  depository  of  their  Public 
Records,  for  the  sole  purpose  of  fatiguing  them  into  compliance 
with  his  measures. 

He  has  dissolved  Representative  Houses  repeatedly,  for 
opposing  with  manly  firmness  his  invasions  on  the  rights  of 
the  people. 

He  has  refused  for  a  long  time,  after  such  dissolutions,  to 
cause  others  to  be  elected,  whereby  the  Legislative  Powers,  in- 
capable of  Annihilation,  have  returned  to  the  People  at  large 
for  their  exercise ;  the  State  remaining  in  the  meantime  expos- 
ed to  all  the  dangers  of  invasion  from  without,  and  convulsions 
within. 

He  has  endeavoured  to  prevent  the  population  of  these 
States  ;  for  that  purpose  obstructing  the  Laws  for  Naturalization 

[N] 


218  THE   DECLARATION   OF  INDEPENDENCE. 

of  Foreigners  ;  refusing  to  pass  others  to  encourage  their  migra- 
tion hither,  and  raising  the  conditions  of  new  Appropriations 
of  Lands. 

He  has  obstructed  the  Administration  of  Justice,  by  refus- 
ing his  Assent  to  Laws  for  establishing  Judiciary  Powers. 

He  has  made  Judges  dependent  on  his  Will  alone,  for  the 
tenure  of  their  offices,  and  the  amount  and  payment  of  their 
salaries. 

He  has  erected  a  multitude  of  New  Offices,  and  sent  hither 
swarms  of  Officers  to  harass  our  People  and  eat  out  their  sub- 
stance. 

He  has  kept  among  us,  in  times  of  peace,  Standing  Armies 
without  the  Consent  of  our  legislature. 

He  has  affected  to  render  the  Military  independent  of  and 
superior  to  the  Civil  Power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction 
foreign  to  our  constitution,  and  unacknowledged  by  our  laws  ; 
giving  his  Assent  to  their  acts  of  pretended  Legislation  : 

For-quartering  large  bodies  of  armed  troops  among  us  : 

For  protecting  them,  by  a  mock  Trial,  from  Punishment 
for  any  Murders  which  they  should  commit  on  the  Inhabitants 
of  these  States : 

For  cutting  off  our  Trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  Consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  Trial  by 
Jury  ; 

For  transporting  us  beyond  Seas  to  be  tried   for  pretended 

offences.  . 

For  abolishing  the  free  System  of  English  Laws  in  a  neigh- 
bouring Province,  establishing  therein  an  Arbitary  government, 
and  enlarging  its  Boundaries,  so  as  to  render  it  at  once  an  ex- 
ample and  fit  instrument  for  introducing  the  same  absolute  rule 
into  these  Colonies  :  » 


THE   DECLARATION  OF  INDEPENDENCE.  219 

For  taking  away  our  Charters,  abolishing  our  most  valua- 
ble Laws,  and  altering  fundamentally  the  Forms  of  our  Govern- 
ment : 

For  suspending  our  own  Legislature,  and  declaring  them- 
selves invested  with  Power  to  legislate  for  us  in  all  cases  what- 
soever. 

He  has  abdicated  Government  here,  by  declaring  us  out  of 
his  Protection,  and  waging  War  against  us. 

He  has  plundered  our  seas,  ravaged  our  Coasts,  burned  our 
towns,  and  destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign  mer- 
cenaries to  complete  the  works  of  death,  desolation  and  tyran- 
ny, already  begun  with  circumstances  of  Cruelty  and  perfidy 
scarcely  paralleled  in  the  most  barbarous  ages,  and  totally  un- 
worthy the  Head  of  a  civilized  nation. 

He  has  constrained  our  fellow  Citizens  taken  Captives  on 
the  high  Seas  to  bear  Arms  against  their  Country,  to  become 
the  executioners  of  their  friends  and  Brethren,  or  to  fall  them- 
selves by  their  Hands. 

He  has  excited  domestic  insurrection  amongst  us,  and  has 
endeavoured  to  bring  on  the  inhabitants  of  our  frontiers,  the 
merciless  Indian  Savages,  whose  known  rule  of  warfare  is  an 
undistinguished  destruction  of  all  ages,  sexes  and  conditions. 

In  every  stage  of  these  oppressions  We  have  Petitioned  for 
Redress  in  the  most  humble  terms  :  Our  repeated  Petitions  have 
been  answered'only  by  repeated  injury.  A  Prince,  whose  char- 
acter is  thus  marked  by  every  act  which  may  define  a  Tyrant, 
is  unfit  to  be  the  ruler  of  a  free  People. 

Nor  have  we  been  wanting  in  attention  to  our  Brittish 
brethren.  We  have  been  warned  from  time  to  time  of  attempts  by 
their  legislature  to  extend  an  unwarrantable  jurisdiction  over 
us.  We  have  reminded  them  of  the  circumstances  of  our 


220  THE   DECLARATION   OP   INDEPENDENCE. 

emigration  and  settlement  here.  We  have  appealed  to  their 
native  justice  and  magnanimity,  and  we  have  conjured  them  by 
the  ties  of  our  common  kindred  to  disavow  these  usurpations, 
which  would  inevitably  interrupt  our  connections  and  corres- 
pondence. They  too  have  been  deaf  to  the  voice  of  justice  and 
of  consanguinity.  We  must,  therefore,  acquiesce  in  the  neces- 
sity, which  denounces  our  Separation,  and  hold  them,  as  we 
hold  the  rest  of  mankind,  Enemies  in  War,  in  Peace,  Friends. 

We,  therefore,  the  Representatives  of  the  United  States  of 
America,  in  General  Congress  Assembled,  appealing  to  the  Su- 
preme Judge  of  the  world  for  the  rectitude  of  our  intentions,  do 
in  the  Name,  and  by  Authority  of  the  good  People  of  these  Col- 
onies, solemnly  publish  and  declare,  That  these  United  Colonies 
are,  and  of  right  ought  to  be,  Free  and  Independent  States ; 
That  they  are  Absolved  from  all  Allegiance  to  the  British 
Crown,  and  that  all  political  connection  between  them  and  the 
State  of  Great  Britain  is,  and  ought  to  be,  totally  dissolved  ; 
and  that  as  Free  and  Independent  States,  they  have  full  Power 
to  levy  War,  conclude  Peace,  contract  Alliances,  establish  Com- 
merce, and  to  do  other  Acts  and  Things  which  Independent 
States  may  of  right  do.  And  for  the  support  of  this  Declara- 
tion, with  a  firm  reliance  on  the  Protection  of  Divine  Provi- 
dence, we  mutually  pledge  to  each  other  our  Lives,  our  For- 
tunes and  our  sacred  Honour. 

JOHN  HANCOCK, 

President. 

NEW    HAMPSHIRE.  RHQDE    ISLAND. 


Josiah  Bartlett, 
Wm.  Whipple, 
Matthew  Thornton. 

MASSACHUSETTS    BAY. 

Samuel  Adams, 
John  Adams, 
Robt.  Treat  Paine, 
Eldridge  Gerry. 


Step.  Hopkins, 
William  Ellery. 


CONNECTICUT. 
Roger  Sherman, 
Samuel  Huntington, 
Wm.  Williams. 
Oliver  Wolcott. 


THE   DECLARATION   OF   INDEPENDENCE. 


221 


NEW   YORK. 

Wm.  Floyd, 
Phil.  Livingston, 
Frans.  Lewis, 
Lewis  Morris. 

NEW    JERSEY. 

Richd.  Stockton, 
Jno.  Witherspoon, 
Fras.  Hopkinson. 
John  Hart, 
Abra.  Clark. 

PENNSYLVANIA. 

Robt.  Morris, 
Benjamin  Rush, 
Benja.  Franklin. 
John  Morton, 
George  Clymer, 
Jas.  Smith, 
Geo.  Taylor, 
James  Wilson. 
Geo  Ross.. 

DELAWARE. 

Caesar  Rodney, 
George  Read, 
Tho.  McKean. 


MARYLAND. 

Samuel  Chase, 
Wm.  Paca, 
Thos.  Stone, 
Charles  Carroll  of  Caroll- 
ton. 

VIRGINIA, 
George  Whyte, 
Richard  Henry  Lee. 
Th.  Jefferson, 
Benja.  Harrison, 
Thos.  Nelson,  Jr., 
Francis  Lightfoot  Lee. 
Carter  Braxton. 

NORTH   CAROLINA. 

Wm.  Hooper, 
Joseph  Hewes, 
John  Penn. 

SOUTH    CAROLINA. 

Edward  Rutledge, 
Thos.  Heyward,  Junr., 
Thomas  Lynch,  Junr., 
Arthur  Middleton. 

GEORGIA. 

Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


CONSTITUTION 

OF  THE 

UNITED  STATES  OF  AMERICA, 

WITH    AMENDMENTS. 


WE  THE  PEOPLE  of  the  United  States,  in  Order  to  form  a  more 
perfect  Union,  establish  Justice,  insure  domestic  Tranquil 
ity,  provide  for  the  common  defence,  promote  the  general 
Welfare,  and  secure  the  Blessings  of  Liberty  to  ourselves 
and  our  Posterity,  do  ordain  and  establish  this  CONSTITU- 
TION for  the  United  States  of  America. 

ARTICLE  I. 

SECTION  i.  All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  consist 
of  a  Senate  and  House  ot  Representatives 

SECTION.  2.  The  House  of  Representatives  shall  be  com- 
posed of  Members  chosen  every  second  Year  by  the  People 
of  the  several  States,  and  the  Electors  in  each  State  shall  have 
the  Qualifications  requisite  for  Electors  of  the  most  numerous 
Branch  of  the  State  Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  Age  of  twenty-five  Years,  and  been  seven  Years 
a  Citizen  of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 
Union,  according  to  their  respective  Numbers,  which  shall  be 
determined  by  adding  to  the  whole  Number  of  free  Peisons,  in- 
cluding those  bound  to  Service  for  a  Term  of  Years,  and  exclu- 


CONSTITUTION  OF   THE   UNITED   STATES.  223 

ing  Indians  not  taxed,  three  fifths  of  all  other  Persons.  The  ac- 
tual Enumeration  shall  be  made  within  three  Years  after  the 
first  Meeting  of  the  Congress  of  the  United  States,  and  within 
every  subsequent  Term  of  ten  Years,  in  such  Manner  as  they 
shall  by  Law  direct.  The  Number  of  Representatives  shall  not 
exceed  one  for  every  thirty  Thousand,  but  each  State  shall  have 
at  Least  one  Representative ;  and  until  such  enumeration  shall 
be  made,  tne  State  of  New  Hampshire  shall  be  entitled  to  choose 
three,  Masssachusetts  eight,  Rhode  Island  and  Providence  • 
Plantations  one,  Connecticut  five,  New- York  six,  New  Jersey 
four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia 
ten,  North  Carolina  five,  South  Carolina  five,  Georgia  three. 

When  vacancies  happen  in  the  Representation  from  any 
State,  the  Executive  Authority  thereof  shall  issue  Writs  of  E- 
lection  to  fill  such  vacancies. 

The  House  of  Representatives  shall  choose  their  speaker 
and  other  Officers  ;  and  shall  have  the  sole  Power  of  Impeach- 
ment. 

SECTION.  3.  The  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  State,  chosen  by  the  Leg- 
islature thereof,  for  six  Years ;  and  each  Senator  shall  have  one 
Vote. 

Immediately  after  they  shall  be  assembled  in  Consequence 
of  the  first  Election,  they  shall  be  divided  as  equally  as  may  be 
into  three  Classes,  The  seats  of  the  Senators  of  the  first  Class 
shall  be  vacated  at  the  Expiration  of  the  second  Year,  of  the 
second  Class  at  the  Expiration  of  the  fourth  Year,  and  of  the 
third  Class  at  the  Expiration  of  the  sixth  Year,  so  that  one- 
third  may  be  chosen  every  second  Year ;  and  if  Vacancies  hap- 
pen by  Resignaton,  or  otherwise,  during  the  Recess  of  the  Leg- 
islature of  any  State,  the  Executive  thereof  may  make  tempo- 
rary Appointments  until  tne  next  Meeting  of  the  Legislature, 
which  shall  then  fill  such  Vacancies. 


224  CONSTITUTION  OF   THE   UNITED   STATES. 

No  person  shall  be  a  Senator  who  shall  not  have  attained 
to  the  Age  of  thirty  Years,  and  been  nine  Years  a  Citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an  In- 
habitant of  that  State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President 
of  the  Senate,  but  shall  have  no  Vote,  unless  they  be  equally 
divided, 

The  Senate  shall  choose  their  other  Officers,  and  also  a 
President  pro  tempore,  in  the  Absence  of  the  Vice  President, 
or  when  he  shall  exercise  the  Office  of  President  of  the  United 
States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeach- 
ments. When  sitting  for  that  Purpose,  they  shall  be  on  Oath 
or  Affirmation.  When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside :  And  no  Person  shall  be 
convicted  without  the  Concurrence  of  two-thirds  of  the  Mem- 
ber present. 

Judgment  in  Cases  of  Impeachmennt  shall  not  extend  fur- 
ther than  to  removal  from  Office,  and  disqualification  to  hold 
and  enjoy  any  Office  of  honor,  Trust  or  Profit  under  the  United 
States;  but  the  Party  convicted  shall,  nevertheless  be  liable  and 
subject  to  Indictment,  Trial,  Judgment  and  Punishment,  accord- 
ing to  Law. 

SECTION  4.  The  Times,  Places  and  Manner  of  holding 
Elections  for  Senators  and  Representatives,  shall  be  prescribed 
in  each  State  by  the  Legislature  thereof,  but  the  Congress  may 
at  any  time  by  Law  make  or  alter  such  Regulations,  except  as 
to  the  Places  of  choosing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Year, 
and  such  Meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall  by  Law  appoint  a  different  Day. 

SECTION  5.  Each  House  shall  be  the  Judge  of  the  Elec- 
tions, Returns  and  Qualifications  of  its  own  Members,  and  a 


CONSTITUTION   OF   THE   UNITED    STATES.  225 

Majority  of  each  shall  constitute  a  Quorum  to  do  Business ;  but 
a  smaller  number  may  adjourn  frbm  day  to  day,  and  may  be 
authorized  to  compel  the  Attendence  of  absent  Members,  in 
such  Manner,  and  under  such  Penalties  as  each  House  may  pro- 
vide. 

>.    • 

Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  Members  for  disorderly  Behaviour,  and,  with  the  con- 
currence of  two-thirds,  expel  a  member. 

Each  House  shall  keep  a  Journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  Parts  as 
may,  in  their  Judgment,  require  Secrecy ;  and  the  Yeas  and 
Nays  of  the  Members  of  either  House  on  any  question  shall,  at 
the  Desire  of  one  fifth  of  those  Present,  be  entered  on  the 
Journal. 

Neither  House,  during  the  Session  of  Congress,  shall,  with- 
out the  Consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  Place  than  that  in  which  the  two  Houses  shall 
be  sitting. 

SECTION  6.  The  Senators  and  Representatives  shall  re- 
ceive a  Compensation  for  their  services,  to  be  ascertained  by 
Law,  and  paid  out  of  the  Treasury  of  the  United  States.  They 
shall,  in  all  Cases,  except  Treason,  Felony  and  Breach  of  the 
Peace,  be  Privileged  from  Arrest  during  their  Attendance  at 
the  Session  of  their  respective  Houses,  and  in  going  to  and  re- 
turning from  the  same ;  and  for  any  Speech  or  Debate  in  either 
House,  they  shall  not  be  questioned  in  any  other  Place. 

No  Senator  or  Represeetative  shall,  during  the  Time  for 
which  he  was  elected,  be  appointed  to  any  civil  Office  under 
the  Authority  of  the  United  States,  which  shall  have  been 
created,  or  the  Emoluments  whereof  shall  have  been  increased 
during  such  time;  and  no  person  holding  any  Office  under  the 
United  States,  shall  be  a  Member  of  either  House  during  his 
Continuance  in  Office. 


226  CONSTITUTION   OF   THE   UNITED   STATES. 

SECTION  7.  All  Bills  for  raising  Revenue  shall  originate 
in  the  House  of  Representatives ;  but  the  Senate  may  propose 
or  concur  with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Represen- 
tatives and  the  Senate,  shall,  before  it  becomes  a  Law,  be  pre- 
sented to  the  President  of  the  United  States ;  If  he  approve  he 
shall  sign  it,  but  if  not  he  shall  return  it,  with  his  Objections  to 
that  House  in  which  it  shall  have  originated,  who  shall  enter 
the  Objections  at  large  on  their  Journal,  and  proceed  to  recon- 
sider it.  If  after  such  Reconsideration  two  thirds  of  that 
House  shall  agree  to  pass  the  Bill,  it  shall  be  sent,  together  with 
the  Objections,  to  the  other  House,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  two  thirds  of  that  House, 
it  shall  become  a  Law.  But  in  all  such  Cases  the  Votes  of  both 
Houses  shall  be  determined  by  yeas  and  Nays,  and  the  Names 
of  the  Persons  voting  for  and  against  the  Bill  shall  be  entered 
on  the  Journal  of  each  House  respectively.  If  any  Bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays  ex- 
cepted)  after  it  shall  have  been  presented  to  him,  the  Same 
shall  be  a  Law,  in  like  Manner  as  if  he  had  signed  it,  unless  the 
Congress  by  their  Adjournment  prevent  its  Return,  in  which 
Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,  or  Vote  to  which  the  Concur- 
rence of  the  Senate  and  House  of  Representatives  may  be  ne- 
cessary (except  on  a  question  of  Adjournment)  shall  be  presented 
to  the  President  of  the  United  States ;  and  before  the  Same 
shall  take  Effect,  shall  be  approved  by  him,  or  being  disapprov- 
ed by  him,  shall  be  repassed  by  two  thirds  of  the  Senate  and 
House  of  Representatives,  according  to  the  Rules  and  Limita- 
tions prescribed  in  the  Case  of  a  Bill. 

SECTION  8.  The  Congress  shall  have  Power  To  lay  and 
collect  Taxes,  Duties,  Imposts  and  Excises,  to  pay  the  Debts 
and  provide  for  the  common  Defence  and  general  Welfare  of 


CONSTITUTION   OF   THE   UNITED   STATES.  227 

the  United  States ;  but  all  duties,  Imposts  and  Excises  shall  be 
uniform  throughout  the  United  States  ; 

To  borrow  Money  on  the  credit  of  the  United  States ; 

To  regulate  Commerce  with  foreign  Nations,  and  among 
the  several  States,  and  with  the  Indian  Tribes ; 

To  establish  an  uniform  Rule  of  Naturalization,  and  uni~ 
form  Laws  on  the  subject  of  Bankruptcies  throughout  the  Uni- 
ted States ; 

To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  Measures  ; 

To  provide  for  the  Punishment  of  counterfeiting  the  Se- 
curities and  current  Coin  of  the  United  States  ; 

To  establish  Post  Offices  and  post  Roads ; 

To  promote  the  progress  of  Science  and  useful  Arts,  by 
securing  for  limited  Times  to  Authors  and  Inventors  the  ex- 
clusive Right  to  their  respective  Writings  and  Discoveries  ; 

To  constitute  Tribunals  inferior  to  the  supreme  Court ; 

To  define  and  punish  Piracies  and  Felonies  committed  on 
the  high  Seas,  and  Offences  against  the  Law  of  Nations  ; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and 
make  Rules  concerning  Captures  on  Land  and  Water ; 

To  raise  and  support  Armies,  but  no  Appropriation  of 
Money  to  that  Use  shall  be  for  a  longer  Term  than  two  Years ; 

To  provide  and  maintain  a  Navy  ; 

To  make  Rules  for  the  Government  and  Regulation  of  the 
land  and  naval  Forces  ; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws 
of  the  Union,  suppress  Insurrections  and  repel  Invasions  ; 

Topiovidefor  organizing,  arming,  and  disciplining,  the  Mi- 
litia, and  for  governing  such  Part  of  them  as  may  be  employed 
in  the  service  of  the  United  States,  reserving  to  the  States  res- 
pectively, the  Appointment  of  the  Officers,  and  the  Authority 
of  training  the  Militia  according  to  the  discipline  prescribed  by 
Congress ; 


228  CONSTITUTION   OF   THE   UNITED   STATES. 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever, 
over  such  District  (not  exceeding  ten  Miks  square)  as  may,  by 
Cession  of  particular  States,  ard  the  Acceptance  of  Congress, 
become  the  Seat  of  the  Government  of  the  United  States,  and 
to  exercise  like  Authority  over  all  Places  purchased  by  the 
Consent  of  the  Legislature  of  the  State  in  which  the  Same  shall 
be,  for  the  Erection  of  Forts,  Magazines,  Arsenals,  dock- Yards, 
and  other  needful  Buildings ; — And 

To  make  all  Laws  which  shall  be  necessary  and  proper  for 
carrying  into  Execution  the  foregoing  Powers,  and  all  other 
Powers  vested  by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officers  thereof. 

SECTION  9.  The  Migration  or  Importation  of  such  Per- 
sons as  any  of  the  States  now  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the 
Year  one  thousand  eight  hundred  and  eight,  but  a  Tax  or  duty 
may  be  imposed  on  such  Importation,  not  exceeding  ten  dol- 
lars for  each  Person . 

The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be 
suspended,  unless  when  in  Cases  of  Rebellion  or  Invasion  the 
Public  Safety  may  require  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 
No  Capitation,  or  other  direct  Tax  shall  be  laid,   unless  in 
Proportion  to  the  Census  or  Enumeration  hereinbefore  directed 
to  be  taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from 
any  State. 

No  Preference  shall  be  given  by  any  Regulation  of  Com- 
merce or  Revenue  to  the  Ports  of  one  State  over  those  of 
another ;  nor  shall  Vessels  bound  to,  or  from,  one  State,  be 
obliged  to  enter,  clear,  or  pay  Duties  in  another. 

No  Money  shall  be  drawn  from  the  Treasury,  but  in  Con- 
sequence of  Appropriations  made  by  Law  ;  and  a  regular  State- 


CONSTITUTION  OF   THE   UNITED   STATED  £29 

ment  and  Account  of  the   Receipts   and    Expenditures   of   all 
public  Money  shall  be  published  from  time  to  time. 

No  Title  of  Nobility  shall  be  granted  by  the  Un  ited  States  : 
And  no  Person  holding  any  Office  of  Profit  or  Trust  under 
them,  shall,  without  the  Consent  of  the  Congress,  accept  of  any 
present,  Emolument,  Office,  or  Title,  of  any  kind  whatever, 
from  any  King,  Prince,  or  foreign  State. 

SECTION  10.  No  State  shall  enter  into  any  Treaty,  Alli- 
ance, or  Confederation  ;  grant  Letters  of  Marque  and  Reprisal ; 
coin  Money ;  emit  Bills  of  Credit ;  make  any  Thing  but  gold 
and  silver  Coin  a  Tender  in  Payment  of  Debts  ;  pass  any  Bill 
of  Attainder,  ex  post  facto  Law,  or  Law  impairing  the  Obliga- 
tion of  Contracts,  or  grant  any  Title  of  Nobility. 

No  State  shall,  without  the  Consent  of  the  Congress,  lay 
any  Imports  or  Duties  on  Imports  or  Exports,  except  what  may 
be  absolutely  necessary  for  executing  its  inspection  Laws  ;  and 
the  net  Produce  of  all  Duties  and  Imposts,  laid  by  any  State 
on  Imports  or  Exports,  shall  be  for  the  Use  of  the  Treasury  of 
the  United  States  ;  and  all  such  Laws  shall  be  subject  to  the 
Revision  and  Control  of  the  Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  on  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of 
Peace,  enter  into  any  Agreement  or  Compact  with  another 
State,  or  with  a  foreign  Power,  or  engage  in  War,  unless  actual- 
ly invaded,  or  in  such  em  inent  Danger  as  will  not  admit  of  delay. 
ARTICLE  II. 

SECTION  i.  The  executive  Power  shall  be  vested  in  a 
President  of  the  United  States  of  America.  He  shall  hold  his 
Office  during  the  Term  of  four  Years,  and,  together  with  the 
Vice  President,  chosen  for  the  same  Term,  be  elected,  as  follows  ; 

Each  State  shall  appoint,  in  such  Manner  as  the  Legisla- 
ture may  direct,  a  Number  of  Electors,  equal  to  the  whole  Num- 
ber of  Senators  and  Representatives  to  which  the  State  may  be 


230  CONSTITUTION   OF   THE   UNITED   STATES. 

entitled  in  the  Congress  :  but  no  Senator  or  Representative,  or 
Person  holding  an  Office  of  Trust  or  Profit  under  the  United 
States  shall  be  appointed  an  Elector. 

The  Electors  shall  meet  in  their  respective  States,  and  vote 
by  Ballot  for  two  Persons,  of  whom  one  at  least  shall  not  be  an 
Inhabitant  of  the  same  State  with  themselves.  And  they  shall 
make  a  List  of  all  the  Persons  voted  for,  and  of  the  Number 
of  Votes  for  each  ;  which  List  they  shall  sign  and  certify,  and 
transmit  to  the  Seat  of  the  Government  of  the  United  States, 
directed  to  the'  President  of  the  Senate.  The  President  of  the 
Senate  shall,  in  the  Presence  of  the  Senate  and  House  of  Rep- 
resentatives, open  all  the  Certificates,  and  the  Votes  shall  then 
be  counted.  The  Person  having  the  greatest  Number  of  Votes 
shall  be  the  President,  if  such  Number  be  a  Majority  of  the 
whole  Number  of  Electors  appointed ;  and  if  there  be  more 
than  one  who  have  such  Majority,  and  have  an  equal  Number 
of  Votes,  then  the  House  of  Representatives  shall  immediately 
choose  by  Ballot  one  of  them  for  President ;  and  if  no  Person 
have  a  Majority,  then  from  the  five  highest  on  the  List  the  said 
House  shall  in  like  Manner  choose  the  President.  But  in  choos- 
ing the  President,  the  Votes  shall  be  taken  by  States,  the  Rep- 
resentation from  each  State  having  one  Vote ;  A  quorum  for 
this  Purpose  shall  consist  of  a  Member  or  Members  from  two 
thirds  of  the  States,  and  a  Majority  of  all  the  States  shall  be 
necessary  to  a  Choice.  In  every  Case,  after  the  Choice  of  the 
President,  the  Person  having  the  greatest  Number  of  Votes  of 
the  Electors  shall  be  the  Vice  President.  But  if  there  should 
remain  two  or  more  who  have  equal  Votes,  the  Senate  shall 
choose  from  them  by  Ballot  the  Vice  President. 

The  Congress  may  determine  the  Time  of  choosing  the  Elec- 
tors, and  the  Day  on  which  they  shall  give  their  Votes  ;  which 
Day  shall  be  the  same  throughout  the  United  States. 

No  person  except  a  natural  born  Citizen,  or  a  Citizen  of  the 


CONSTITUTION   OF   THE    UNITBD   STATES.  231 

United  States,  at  the  time  of  the  Adoption  of  this  Constitution, 
shall  be  eligible  to  the  Office  of  President ;  neither  shall  any 
person  be  eligible  to  that  Office  who  shall  not  have  attained  the 
Age  of  thirty-five  Years,  and  been  fourteen  Years  a  Resident 
within  the  United  States. 

In  Case  of  the  Removal  of  the  President  from  Office,  or  of 
his  Death,  Resignation,  or  Inability  to  discharge  the  Powers 
and  Duties  of  the  said  Office,  the  Same  shall  devolve  on  the 
Vice  President,  and  the  Congress  may  by  Law  provide  for  the 
Case  of  Removal.  Death,  Resignation  or  Inability,  both  of  the 
President  and  Vice  President',  declaring  what  Officer  shall  then 
act  as  President,  and  such  Officer  shall  act  accordingly, 
until  the  Disability  be  removed,  or  a  President  shall  be 
elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Servi- 
ces, a  Compensation,  which  shall  neither  be  increased  or  di- 
mished  during  the  Period  for  which  he  shall  have  been  elected, 
and  he  shall  not  receive  within  that  Period  any  other  Emolu- 
ment from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take 
the  following  Oath  of  Affirmation  : — "  I  do  solemnly  swear  (or 
affirm)  that  I  will  faithfully  execute  the  Office  of  President  of 
the  United  States,  and  will  to  the  best  of  my  Ability,  preserve, 
protect  and  defend  the  Constitution  of  the  United  States.'' 

SECTION  2.  The  President  shall  be  Commander  in  Chief 
of  the  Army  and  Navy  of  the  United  States,  when  called  into 
the  actual  service  of  the  United  States ;  he  may  require  the 
Opinion,  in  writing,  of  the  principal  Officer  in  each  of  the  exec- 
utive Departments,  upon  any  Subject  relating  to  the  Duties  of 
their  respective  Offices,  and  he  shall  have  Power  to  grant  Re- 
prieves and  Pardons  for  Offences  against  the  United  States,  ex- 
cept in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Consent 


232  CONSTITUTION   OF    THE   UNITED   STATES. 

of  the  Senate,  to  make  Treaties,  provided  two-thirds  of  the 
Senators  present  concur ;  and  he  shall  nominate,  and  by  and 
with  the  Advice  and  Consent  of  the  Senate,  shall  appoint  Am- 
bassadors, other  public  Ministers  and  Consuls,  Judges  of  the 
Supreme  Court,  and  all  other  Officers  of  the  United  States, 
whose  Appointments  are  not  herein  otherwise  provided  for,  and 
shall  be  established  by  law  :  but  the  Congress  may  by  Law  vest 
the  Appointment  of  such  inferior  Officers,  as  they  think 
proper,  in  the  President  alone,  in  the  Courts  of  Law,  or  in  the 
Heads  of  Departments. 

The  President  shall  have  power  to  fill  up  all  Vacancies  that 
may  happen  during  the  Recess  of  the  Senate,  by  granting 
Commissions  which  shall  expire  at  the  End  of  their  next  Ses- 
sion. 

SECTION  3.  He  shall  from  time  to  time  give  to  the  Con- 
gress Information  of  the  State  of  the  Union,  and  recommend 
to  their  Consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient ;  he  may,  on  extraordinary  occasions,  con- 
vene both  Houses,  or  either  of  them,  and  in  Case  of  Disagree- 
ment between  them,  with  Respect  to  the  Time  of  Adjournment, 
he  may  adjourn  them  to  such  Time  as  he  shall  think  proper  ; 
he  shall  receive  Ambassadors  and  other  public  Ministers  : 
he  shall  take  Care  that  the  Laws  be  faithfully  executed,  and 
shall  Commission  all  the  Officers  of  the  United  States. 

SECTION  4.  The  President,  Vice  President  and  all  civil 
Officers  of  the  United  States,  shall  be  removed  from  Office 
on  Impeachment  for,  and  Conviction  of  Treason,  Bribery,  or 
other  high  Crimes  and  Misdemeanors. 

ARTICLE  III. 

SECTION  i.  The  Judicial  Power  of  the  United  States,  shall 

be  vested  in  one  supreme  Court,  and  in  such  inferior  Courts  as 

the  Congress  may  from  time  to  time  ordain  and  establish.    The 

Judges,  both  of  the  supreme  and  inferior  Courts,  shall  hold  their 


CONSTITUTION   OF    THE   UNITED   STATES.  233 

Offices  during  good  behaviour,  and  shall,  at  stated  Times,  re- 
ceive for  their  Services,  a  Compensation,  which  shall  not  be 
diminished  during  their  Continuance  in  Office. 

SECTION  2.  The  judicial  Power  shall  extend  to  all  Cases 
in  Law  and  Equity,  arising  under  this  Constitution,  the  Laws 
of  the  United  States,  and  Treaties  made,  or  which  shall  be 
made,  under  their  Authority  ; — to  all  Cases  affecting  Ambassa- 
dors, or  public  Ministers  and  Consuls  ;  to  all  Cases  of  Admiral- 
ty and  maritime  Jurisdiction  ; — to  Controversies  to  which  the 
United  States  shall  be  a  Party  ; — to  Controversies  between  two 
or  more  States  ; — between  a  State  and  a  Citizen  of  another 
State  ; — between  Citizens  of  different  States,-  between  Citizens 
of  the  same  State  claiming  Lands  under  Grants  of  different 
States,  and  between  a  State,  or  the  Citizens  thereof,  and  for- 
eign States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Ministers 
and  Consuls,  and  those  in  which  a  State  shall  be  a  Party,  the 
supreme  Court  shall  have  original  Jurisdiction.  In  all  the  oth- 
er Cases  before  mentioned,  the  supreme  Court  shall  have  ap- 
pellate Jurisdiction,  both  as  to  Law  and  Fact,  with  such 
Exceptions,  and  under  such  Regulations  as  the  Congress  shall 
make. 

The  Trial  of  all  Crimes,  except  in  Cases  of  Impeachment, 
shall  be  by  Jury ;  and  such  Trial  shall  be  held  in  the  State 
where  the  said  Crimes  shall  have  been  committed  ;  but  when 
not  committed  within  any  State,  the  Trial  shall  be  at  such 
Place  or  Places  as  the  Congress  may  by  Law  have  directed. 

SECTION  3.  Treason  against  the  United  States,  shall  con- 
sist only  in  levying  War  against  them  or  in  adhering  to  their 
Enemies,  giving  them  Aid  and  Comfort.  No  Person  shall  be 
convicted  of  Treason  unless  on  the  Testimony  of  two  Wit- 
nesses to  the  same  overt  Act,  or  on  Confession  in  open 
Court. 


234  CONSTITUTION   OF   THE   UNITED   STATES. 

The  Congress  shall  have  Power  to  declare  the  Punish- 
ment of  Treason,  but  no  Attainder  oi  Treason  shall  work  Cor- 
ruption of  Blood,  or  Forfeiture  except  during  the  Life  of  the 
Person  attainted. 

ARTICLE    IV. 

SECTION  i.  Full  Faith  and  Credit  shall  be  given  in  each 
State  to  the  public  Acts,  Records,  and  judicial  Proceedings  of 
every  other  State.  And  the  Congress  may  by  general  Laws 
prescribe  the  Manner  in  which  such  Acts,  Records  and  Pro- 
ceedings shall  be  proved,  and  the  Effect  thereof. 

SECTION  2.  The  Citizens  of  each  State  shall  be  entitled  to 
all  Privileges  and  Immunities  of  Citizens  in  the  several 
States. 

A  Person  charged  in  any  State  with  Treason,  Felony,  or 
other  Crime,  who  shall  flee  from  Justice,  and  be  found  in  anoth- 
er State,  shall  on  Demand  of  the  executive  Authority  of  the 
State  from  which  he  fled,  be  delivered  up  to  the  State  having 
Jurisdiction  of  the  Crime. 

No  Person  held  to  Service  or  Labour  in  one  State,  under  the 
Laws  thereof,  escaping  into  another,  shall,  in  Consequence  of 
any  Law  or  Regulation  therein,  be  discharged  from  such  Ser- 
vice of  Labor,  but  shall  be  delivered  up  on  Claim  of  the  party 
to  whom  such  Service  or  Labour  may  be  due. 

SECTION  3.  New  States  may  be  admitted  by  the  Congress 
into  the  Union ;  but  no  new  State  shall  be  formed  or  erected 
within  the  Jurisdiction  of  any  other  State  ;  nor  any  State  be 
formed  by  the  Junction  of  two  or  more  States,  or  Parts  of 
States,  without  the  Consent  of  the  Legislatures  of  the  States 
concerned  as  well  as  of  the  Congress, 

The  Congress  shall  have  Power  to  dispose  of  and  make  all 
needful  Rules  and  Regulations  respecting  the  Territory  or  oth- 
er Property  belonging  to  the  United  States  ;  and  nothing  in 
this  Constitution  shall  be  so  construed  as  to  Prejudice  any 


CONSTITUTION   OF   THE    UNITED   STATES.  235 

Claims  of  the  United  States,  or  of  any  particular  State. 

SECTION  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Government,  and 
shall  protect  each  of  them  against  Invasion  ;  and  on  Applica- 
tion of  the  Legislature,  or  of  the  Executive  (when  the  Legisla- 
ture cannot  be  convened)  against  domestic  Violence, 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  Amendments  to  this  Constitu- 
tion, or,  on  the  Application  of  the  Legislatures  of  two  thirds  of 
the  several  States,  shall  call  a  Convention  for  proposing  Amend- 
ments, which,  in  either  Case,  shall  be  valid  to  all  Intents  and 
Purposes,  as  Part  of  this  Constitution,  when  ratified  by  the  Leg- 
islatures of  three  fourths  of  the  several  States,  or  by  Conven- 
tions in  three  fourths  thereof,  as  the  one  or  the  other  Mode  of 
Ratification  may  be  proposed  by  the  Congress  ;  Provided  that 
no  Amendment  which  may  be  made  prior  to  the  Year  One 
thousand  eight  hundred  and  eight  shall  in  any  Manner  affect 
the  first  and  fourth  Clauses  in  the  Ninth  Section  of  the  first  Ar- 
ticle ;  and  that  no  State,  without  its  Consent,  shall  be  deprived 
of  its  equal  Suffrage  in  the  Senate. 

ARTICLE  VI. 

All  Debts  contracted  and  Engagements  entered  into,  be- 
fore the  Adoption  of  this  Constitution,  shall  be  valid  against 
the  United  States  under  this  Constitution  as  under  the  Confed- 
eration. 

This  Constitution  and  the  Laws  of  the  United  States  which 
shall  be  made  in  Pursuance  thereof;  and  all  Treaties  made,  or 
which  shall  be  made,  under  the  Authority  of  the  United  States, 
shall  be  the  supreme  Law  of  the  Land  ;  and  the  Judges  in  every 
State  shall  be  bound  thereby,  any  Thing  in  the  Constitution  or 
Laws  of  any  State  to  the  Contrary  notwithstanding. 


236 


CONSTITUTION   OP   THE   UNITED   STATES. 


The  Senators  and  Representatives  before  mentioned,  and 
the  Members  of  the  several  State  Legislatures,  and  all  executive 
and  judicial  Officers,  both  of  the  United  States  and  of  the  sev- 
eral States,  shall  be  bound  by  Oath  or  Affirmation,  to  support 
the  Constitution  ;  but  no  religious  test  shall  ever  be  required  as 
a  Qualification  to  any  Office  or  Public  Trust  under  the  United 
States. 

ARTICLE  VII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be 
sufficient  for  the  Establishment  of  this  Constitution  between 
the  States  so  ratifying  the  Same. 

DONE  in  Convention  by  the  Unanimous  Consent  of  the  States 
present  the  Seventeenth  Day  of  September  in  the  Year  of 
our  Lord  one  thousand  seven  hundred  and  Eighty  seven 
and  of  the  Independence  of  the  United  States  of  America 
the  Twelfth.  In  Witness  whereof  We  have  hereunto  sub- 
scribed our  Names, 

Go:  WASHINGTON  — 
Presidt.  and  deputy  fr om  Virginia. 


NEW  HAMPSHIRE. 
John  Langdon 
Nicholas  Gilman. 

MASSACHUSETTS. 
Nathaniel  Gorham, 
Rufus  King. 

CONNECTICUT. 
Wm.  Sam'l  Johnson, 
Roger  Sherman. 

NEW  YORK. 
Alexander  Hamilton. 

NEW  JERSEY. 
Wil  :  Livingston, 
David  Brearley, 
Wm.  Paterson, 
Jona :  Dayton. 


PENNSYLVANIA. 
B.  Franklin, 
Thomas  Mifflin, 
Robt.  Morris, 
Geo.  Clymer, 
Thos.  Fitzsimons, 
Jared  Ingersoll, 
James  Wilson, 
Gouv.  Morris. 


DELAWARE. 

Geo :  Read, 

Gunning  Bedford,  Jun., 
John  Dickinson, 
Richard  Bassett, 
Jaco :  Broom. 


CONSTITUTION  OF   THE   UNITED   STATES. 


237 


MARYLAND. 
James  McHenry, 
Dan  of  St  Thos.  Jenifer, 
Dan'l.  Carroll. 

VIRGINIA. 
John  Blair, 
James  Madison  Jr. 

NORTH  CAROLINA. 
Wm.  Blount, 
Richd.  Dobbs  Spaight, 
Hu  Williamson. 


SOUTH  CAROLINA. 

J.  Rutlege, 

C.  Cotesworth  Pinckney, 
Charles  Pinckney, 
Pierce  Butler. 

GEORGIA. 
William  Few, 
Abr.  Baldwin. 

Attest,  WILLIAM  JACKSON, 

Secretary. 


ARTICLES. 

IN  ADDITION  TO  AND  AMENDMENT  OF 
THE  CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA, 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof ;  or  abridging 
the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the  peo- 
ple peaceably  to  assemble,  and  to  petition  the  Government  fora 
redress  of  grievances. 

ARTICLE  II. 

A  well  regulated  Militia,  being  necessary  to  the  security  of 
a  free  State,  the  right  of  the  people  to  keep  and  bear  Arms 
shall  not  be  infringed. 

ARTICLE    III. 

No  Soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  Owner,  nor  in  time  of  war,  but 
in  a  manner  to  be  prescribed  by  law. 

ARTICLE   IV. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and 


238  AMENDMENTS    TO   CONSTITUTION. 

seizures,  shall  not  be  violated,  and  no  Warrants  shall  issue,  but 
upon  probable  cause,  supported  by  Oath  or  Affirmation,  and 
particularly  describing  the  place  to  be  searched,  and  the  persons 
or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  Grand  Jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  Militia,  when  in  actual  service  in  time  of  War  or  pub- 
lic danger ;  nor  shall  any  person  be  subject  for  the  same  offence 
to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  com- 
pelled in  any  Criminal  Case  to  b(*  a  witness  against  himself,  nor 
be  deprived  of  life,  liberty  or  property,  without  due  process  of 
law ;  nor  shall  private  property  be  taken  for  public  use,  without 
just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been  commit- 
ted, which  district  shall  have  been  previously  ascertained  by 
law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusa- 
tion; to  be  confronted  with  witnesses  against  him;  to  have 
compulsory  process  for  obtaining  Witnesses  in  his  favor,  and  to 
have  the  Assistance  of  Counsel  for  his  defence. 
ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved  and  no  fact  tried  by  a  jury  shall  be  othewise  re-ex- 
amined in  any  Court  of  the  United  States,  than  according  to 
the  rules  of  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 


AMENDMENTS   TO   CONSTITUTION.  239 

ARTICLE  IX. 

The  enumeration  in  this  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained  by 
the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively  or  to  the  people. 

ARTICLE  XI. 

The  Judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States  by  Citizens  of  an- 
other State,  or  by  Citizens  or  Subjects  of  any  Foreign  State. 

ARTICLE  XII. 

The  Electors  shall  meet  in  their  respective  States,  and  vote 
by  ballot  for  President  and  Vice-President,  one  of  whom  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves ;  they  shall  name  in  their  ballots  the  persons  voted  for  as 
President,  and  of  all  persons  voted  for  as  Vice  President,  and  of 
the  number  of  votes  for  each,  which  lists  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  government  of  the 
United  States,  directed  to  the  President  of  the  Senate ;  The 
President  of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates  and  the  votes 
shall  then  be  counted  ; — The  person  having  the  greatest  num- 
ber of  votes  for  President,  shall  be  the  President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  Electors  appointed  ;  and 
if  no  person  have  such  majority,  then  from  the  persons  having 
the  highest  numbers  not  exceeding  three  on  the  list  of  those  voted 
for  as  President,  the  House  of  Representatives  shall  choose  im- 
mediately, by  ballot,  the  President.  But  in  choosing  the  Pres- 
dent,  the  votes  shall  be  taken  by  States,  the  representation 


240  AMENDMENTS  TO  CONSTITUTION. 

from  each  State  having  one  vote  ;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not  choose 
a  President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then  the 
Vice-President  shall  act  as  President,  as  in  the  case  of  the  death 
or  other  constitutional  disability  of  the  President.  The  person 
having  the  greatest  number  of  votes  as  Vice-President,  shall  be 
the  Vice-President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed,  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose  shall 
consist  of  two-thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a  choice. 
But  no  person  constitutionally  ineligible  to  that  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United 
States. 

ARTICLE  XIII. 

SECTION  i.  Neither  slavery  nor  involuntary  servitude,  ex- 
cept as  a  punishment  for  crime  whereof  the  party  shall  have 
been  duly  convicted,  shall  exist  within  the  United  States,  or 
any  place  subject  to  their  jurisdiction. 

SECTION  2.  Congress  shall  have  power  to  enforce  this  ar- 
cle  by  appropriate  legislation. 

ARTICLE  XIV. 

SECTION  i.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside.  No  State 
shall  make  or  enforce  any  law  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States ;  nor  shall  any 
State  deprive  any  person  of  life,  liberty,  or  property,  without 
due  process  of  law ;  nor  deny  to  any  person  within  its  jurisdic- 
diction  the  equal  protection  of  the  laws. 


AMENDMENTS   TO   CONSTITUTION.  241 

SECTION  2.  Representatives  shall  be  apportioned  among  the 
several  States  according  to  their  respective  numbers,  counting 
the  whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for  the 
choice  of  electors  for  President  and  Vice-President  of  the  Unit- 
ed States,  Representatives  in  Congress,  the  Executive  and  Judi- 
cial officers  of  a  State,  or  the  members  of  the  Legislature  there- 
of, is  denied  to  any  of  the  male  inhabitants  of  such  State,  be- 
ing twenty-one  years  of  age,  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebellion,  or 
other  crime,  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens  shall 
bear  to  the  whole  number  of  male  citizens  twenty-one  years  of 
age  in  such  State. 

SECTION  4.  No  person  shall  be  a  Senator  or  Representa- 
tive in  Congress,  or  Elector  of  President  and  Vice-President,  or 
hold  any  office,  civil  or  military,  under  the  United  States,  or  un- 
der any  State,  who,  having  previously  taken  an  oath  as  a  mem- 
be  of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a 
member  of  any  State  legislature,  or  as  an  executive  or  judicial 
officer  of  any  State,  to  support  the  Constitution  of  the  United 
States,  shall  have  engaged  in  insurrection  or  rebellion  against 
the  same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But 
Congress  may  by  a  vote  of  two-thirds  of  each  House  remove 
such  disability. 

SECTION  4.  The  validity  of  the  public  debt  of  the  Unit- 
ed States,  authorized  by  law,  including  debts  incurred  for  pay- 
ment of  pensions  and  bounties  for  services  in  suppressing  insur- 
rection or  rebellion,  shall  not  be  questioned.  But  neither  the 
United  States  nor  any  State  shall  assume  or  pay  any  debt  or 
obligation  incurred  in  aid  of  insurrection  or  rebellion  against 
the  United  States,  or  any  claim  for  the  loss  or  emancipation  of 
any  slave  ;  but  all  such  debts,  obligations  and^claims  shall  be 


242  AMENDMENTS   TO  CONSTITUTION. 

held  illegal  and  void, 

SECTION  5.  The  Congress  shall  have  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  article. 

ARTICLE  XV. 

SECTION  i.  The  right  of  citizens  of  the  United  States  to 
vote  shalljnot  be  denied  or  abridged  by  the  United  States  or  by 
any  State  on  account  of  race,  color,  or  previous  condition  of 
servitude. 

SECTION  2.  The  Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation. 


UNIVERSITY  OF  ILUNOIS-URiANA 


